Gorman v. Town of Huntington

In Gorman v. Town of Huntington, 12 NY3d 275, 279 [2009] the Court found that a written notice given to the Town Department of Engineering Services (as opposed to either the Town Clerk or the Highway Superintendent who were both listed as statutory designees under the Town Code) was insufficient under the prior written notice law, stating: "Here, it is undisputed that neither the Town Clerk nor Highway Superintendent received prior written notice of the defective sidewalk. Because the Department of Engineering Services is not a statutory designee, notice to that department is insufficient for purposes of notice under Town Law 65-a and section 174-3 of the Huntington Town Code. We are unpersuaded that the Department of Engineering Services' practice of recording complaints and repairs warrants a departure from our precedent strictly construing prior written notice provisions. As the entity charged with repairing town sidewalks, it is to be expected that the Department would keep a record of needed repairs and complaints but it cannot be inferred from that conduct that the Town was attempting to circumvent its own prior written notice provision." (Id at 280.)