Opinion
November 16, 1994
Appeal from the Supreme Court, Jefferson County, Gilbert, J.
Present — Balio, J.P., Lawton, Wesley, Callahan and Davis, JJ.
Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court should have granted the motion of defendant, City of Watertown (City), for summary judgment on the ground that plaintiff failed to satisfy the statutory condition precedent to maintaining her claim (see, Dobransky v. City of Watertown, 168 A.D.2d 997; Conlon v. Village of Pleasantville, 146 A.D.2d 736). Plaintiff sustained injuries when she fell on an allegedly defective sidewalk in the City of Watertown. Because the City had no written notice of the defect, plaintiff's claim is barred by section 231 of the Charter of the City of Watertown. The record fails to show that the City caused the defective condition in the sidewalk or that there were special circumstances that excused compliance with the statute (see, Dobransky v. City of Watertown, supra). Inspections by City employees of the construction project adjacent to the property where plaintiff fell and the temporary walkway in front of that construction site are insufficient to establish special circumstances (see, Kelly v. City of New York, 172 A.D.2d 350; Holt v. County of Tioga, 95 A.D.2d 934, 936, mot to dismiss appeal granted 60 N.Y.2d 701).