Judge Bianchi
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=117279
PLAINTIFF sought to recover $807 in damages after defendant municipality placed a temporary movable “Do Not Enter” sign that struck plaintiff’s vehicle on a windy day. Defendant’s town attorney testified that the municipality received no prior written notice of the sign’s defect. At the close of plaintiff’s case, defendant moved to dismiss the action for plaintiff’s failure to comply with Town Code §204-21 requiring prior written notice of a defective or dangerous sign owned or maintained by the municipality before an action may be entertained. The court concluded that notice was not required as an exception prevailed if plaintiff showed that the municipality created the negligent condition by an affirmative act. It found that prior notice ordinances referred to physical defects such as holes in the street or sidewalk, and not the failure to erect or maintain a temporary traffic sign. Thus, the court awarded judgment of $807 to plaintiff.
