Matt successfully defended municipal defendants in a New York personal injury action arising from a bicycle accident allegedly caused by a pothole and valve box cover in a municipal bicycle lane. The Appellate Division affirmed summary judgment dismissing all claims, holding that the Village was entitled to dismissal based on the prior written notice rule and that no statutory exception applied.

The court further held that the Town could not be held liable because it did not own, control, or assume a duty to maintain the roadway where the accident occurred. Plaintiffs failed to raise a triable issue of fact as to affirmative negligence, special use, or assumed duty, warranting dismissal as a matter of law.

Practice Impact: The decision reinforces powerful defenses for municipalities and insurers, including strict enforcement of prior written notice statutes, limits on municipal liability for roadway defects, and clear boundaries on duty and control in roadway and bicycle-lane accident claims.

Photo by Lucas Van Cort