Ordered that the judgment is affirmed, with costs.
The plaintiffs' theory at trial in this personal injury action was that loose dirt on the roadway caused a hazardous condition which precipitated the subject motorcycle accident. Contrary to the plaintiffs' contentions, the allegedly hazardous condition is one which would not immediately come to the Town's attention absent actual notice thereof (see, Monteleone v. Incorporated Vil. of Floral Park, 74 N.Y.2d 917; Doremus v. Incorporated Vil. of Lynbrook, 18 N.Y.2d 362; cf., Hughes v. Jahoda, 75 N.Y.2d 881). Thus, the Town's prior written notice statute applies (see, Local Laws, 1977, No. 4 of Town of Ramapo).
The plaintiffs do not dispute that the Town never received written notice of the condition prior to the accident. There is no evidence that the Town created the condition through affirmative acts of negligence (see, Grant v. Incorporated Vil. of Lloyd Harbor, 180 A.D.2d 716), or that the facts of this case fall within the narrow exception stated in Ferris v. County of Suffolk ( 174 A.D.2d 70). The trial court therefore correctly granted the Town's motion to dismiss the action pursuant to CPLR 4401. Ritter, J.P., Copertino, Joy and Hart, JJ., concur.