New York Court of Appeals
Margaret Groninger, Appellant v. Village of Mamaroneck, Respondent
June 2, 201117 N.Y.3d 125
Summary
The Court affirmed the Appellate Division, holding that a publicly‑owned parking lot is a "highway" within the meaning of General Municipal Law § 50‑e(4) and therefore the written notice requirement applies. The Village satisfied its burden of showing it had not received prior written notice, and the plaintiff failed to meet her burden of showing a factual dispute or an applicable exception. Chief Judge Lippman dissented, arguing that a parking lot is not a highway and the notice requirement should not apply. The certified question was deemed unnecessary.