Opinion
June 3, 1985
Appeal from the Supreme Court, Nassau County (Vitale, J.).
Order affirmed insofar as appealed from, with one bill of costs.
Admittedly, neither the county nor village received prior written notice of the alleged defective condition. Absent such notice, a municipality is liable only for affirmative negligence ( see, Nassau County Administrative Code § 12-4.0 [e]; L 1939, ch 272, as amended by L 1946, ch 992; Village Law § 6-628; CPLR 9804; Drzewiecki v. City of Buffalo, 51 A.D.2d 870; D'Imperio v Village of Sidney, 14 A.D.2d 647, affd 12 N.Y.2d 927). There is no evidence that either the village or county caused the deterioration of the curb along the apron of the Levin driveway or negligently repaired such curb. The conduct for which the defendants Levin seek to impose liability upon the village and county is for nonfeasance, i.e., the failure to repair a deteriorated condition, and not for a condition either of said municipalities caused or created. Mollen, P.J., Niehoff, Rubin and Lawrence, JJ., concur.