KOMINSKI v. VILLAGE OF TARRYTOWN

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contentions, the Supreme Court properly concluded that no issues of fact existed to preclude an award of summary judgment to the defendant Village of Tarrytown (hereinafter the Village). The plaintiffs have failed to demonstrate that any affirmative acts of negligence by the Village proximately caused the injured plaintiff to fall over an uneven street surface ( see, Brody v. Town of Brookhaven, 207 A.D.2d 425; Shapiro v. Tides Inn Realty Corp., 191 A.D.2d 490). Rather, this case falls squarely within the prior written notice requirement of Village Law § 6-628 ( see, Torres v. Galvin, 189 A.D.2d 870; Ferris v. County of Suffolk, 174 A.D.2d 70). Given the uncontroverted absence of prior written notice in this case, judgment as a matter of law was appropriately awarded to the Village.

We have reviewed the plaintiffs' remaining contentions and find them to be without merit. Sullivan, J.P., Miller, Thompson, and Ritter, JJ., concur.