BOSCOLO v. COUNTY OF NASSAU

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant Village of Valley Stream, and the action against the remaining defendants is severed.

The defendant Village of Valley Stream did not receive prior written notice of the alleged defect at issue as required by Village Law § 6-628 (see, Kominski v. Village of Tarrytown, 218 A.D.2d 786). Further, the Village made a search of its records which revealed that it had not performed any work in the area.

The plaintiffs' opposition papers failed to establish the existence of material issues of fact (see, Amarante v. Village of Tarrytown, 226 A.D.2d 488; Dabbs v. City of Peekskill, 178 A.D.2d 577, 578; see also, Ricciuti v. Village of Tuckahoe, 202 A.D.2d 488; cf., Fiege v. State of New York, 189 A.D.2d 748, 749). Accordingly, the Village's motion for summary judgment should have been granted. Bracken, J.P., Thompson, Krausman and Florio, JJ., concur.