RICHARDS v. INCORP. VILL. OF ROCKVILLE

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she stumbled and fell in a parking lot owned by the defendant, Incorporated Village of Rockville Centre, as a result of stepping into a pothole. After issue was joined, the Village moved for summary judgment dismissing the complaint.

On its motion for summary judgment dismissing the complaint, the Village made a prima facie showing of entitlement to judgment as a matter of law by providing evidence that it lacked prior written notice of the allegedly dangerous condition, as required by Village Law § 6-628 ( see Jason v Town of N. Hempstead, 61 AD3d 936; Smith v Village of Rockville Ctr., 57 AD3d 649, 650). While the plaintiff attempted to raise a triable issue of fact as to the applicability of the so-called "affirmative negligence exception" to the statutory rule requiring prior written notice, she failed to provide any evidence tending to show that work performed by a Village repair crew immediately resulted in a pothole or any other surface defect in the area in question ( Yarborough v City of New York, 10 NY3d 726, 728; Oboler v City of New York, 8 NY3d 888, 889-890; cf. San Marco v Village/Town of Mt. Kisco, ___ NY3d ___, 2010 NY Slip Op 09197). Accordingly, the Supreme Court properly granted the Village's motion for summary judgment dismissing the complaint.