Dale R. San Marco v. Village/Town of Mount Kisco

Summary

The New York Court of Appeals reversed the Appellate Division and denied the Village’s motion for summary judgment, holding that the prior written notice statute does not bar liability when a municipality’s negligent snow removal creates a black‑ice hazard. The Court distinguished the “immediacy” test from Yarborough and Obeler as inapplicable to snow‑removal cases and affirmed the affirmative‑negligence exception.