Opinion
October 31, 1994
Appeal from the Supreme Court, Nassau County (Hart, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
Contrary to the conclusion of the Supreme Court, we find that the plaintiff failed to adduce any evidence of affirmative negligence on the part of the defendant in connection with the creation or exacerbation of the alleged dangerous ice condition (see, Albanese v. Town of Hempstead, 176 A.D.2d 697; cf., Thompson v. County of Putnam, 163 A.D.2d 517). Accordingly, in the conceded absence of prior written notice (see, Village Law § 6-628; Monteleone v. Incorporated Vil. of Floral Park, 74 N.Y.2d 917), the defendant Village may not be held liable for its mere passive failure to remove all snow and ice from its municipal parking lot (see, Albanese v. Town of Hempstead, supra; Spicehandler v. City of New York, 279 App. Div. 755, affd 303 N.Y. 946). Mangano, P.J., Thompson, Sullivan and Miller, JJ., concur.