Prior Written Notice Not Received

Groninger v. Village of Mamaroneck, 17 N.Y.3d 125 (2011)

In a 4-3 decision, the majority of the New York Court of Appeals in the case of Margaret Groninger v. Village of Mamaroneck, 17 N.Y.3d 125 (2011) held that the municipal defendant did not receive prior written notice of any icy condition in a publicly owned parking lot that allegedly caused the plaintiff’s injuries. In reaching its decision, the majority rejected the plaintiff’s argument that because a publicly owned parking lot does not fall within any of the six specifically enumerated under N.Y. Village Law §6-628 (i.e., sidewalk, crosswalk, street, highway, bridge or culvert), written notice of the icy condition was not required. The majority noted that “[f] or nearly thirty years, the courts in this state have consistently found that a publicly owned parking lot falls within the definition of a ‘highway’ and thereforeprior notice of the defect is required ... .” The court also held that the plaintiff failed to demonstrate that notice was obviated because the municipality created the defect or hazard through an affirmative act of negligence or that a “special use” conferred a benefit on the municipality (Amabile v. City of Buffalo, 93 N.Y.2d 471 (1999). The three dissenting judges relied upon the court’s prior holding in Walker v. Town of Hempstead, 84 N.Y.2d 360 (1994) and noted that a parking lot does not fulfill the same function as a highway and, therefore, written prior notice was not required.