83 N.Y.2d 894 (1994)

A municipality may be estopped from asserting a local law requiring written notice of a defect as a condition precedent to a negligence action if the municipality’s conduct led the plaintiff to reasonably believe that only constructive notice was required, thereby depriving the plaintiff of the opportunity to prove written notice or challenge the local law’s validity.

Summary

The plaintiff, an infant injured while riding his bicycle, sued the Town of Schodack, alleging negligent failure to maintain roadside vegetation. The Town initially pleaded Town Law § 65-a, requiring written or constructive notice, as an affirmative defense. The plaintiff successfully demonstrated constructive notice. Only after both parties rested did the Town raise a local law mandating written notice. The Court of Appeals held that the Town was estopped from asserting the local law because the Town’s initial actions had deprived the plaintiff of the chance to prove written notice or challenge the law, reversing the trial court’s dismissal and reinstating the jury verdict for the plaintiff.

Facts

On July 13, 1988, the infant plaintiff was injured when struck by a car while riding his bicycle on Palmer Road in the Town of Schodack. The plaintiff alleged that the Town negligently failed to maintain roadside vegetation, obscuring the driver’s view. The Town’s answer pleaded Town Law § 65-a as an affirmative defense, which requires written or constructive notice of a dangerous condition.

Procedural History

The plaintiff sued the Town. At trial, the plaintiff presented evidence of constructive notice. After both parties rested, the Town requested judicial notice of a local law requiring written notice. The trial court initially reserved decision but later granted the Town’s motion to dismiss, finding the plaintiff failed to comply with the written notice requirement. The Appellate Division reversed, reinstating the jury verdict, holding the Town should not be permitted to rely on the local law. The Town appealed to the Court of Appeals.

Issue(s)

Whether the Town of Schodack should be estopped from asserting its local law requiring written notice of a dangerous condition as a prerequisite to a negligence action, when the Town initially pleaded Town Law § 65-a, allowing for constructive notice, and only raised the local law after the plaintiff had presented evidence of constructive notice at trial?

Holding

Yes, because the Town’s actions deprived the plaintiff of the opportunity to demonstrate that the Town had received written notice of the condition or to challenge the procedural regularity of the local law.

Court’s Reasoning

The Court of Appeals affirmed the Appellate Division’s order, holding that the Town was estopped from asserting the local law requiring written notice. The Court emphasized that the Town had pleaded Town Law § 65-a, implying that constructive notice was sufficient, and remained silent while the plaintiff successfully demonstrated constructive notice before the jury. The Court found that the Town’s delayed assertion of the local law deprived the plaintiff of the opportunity to prove written notice existed or to challenge the validity of the local law itself. The Court distinguished this case from situations where judicial notice is taken without negatively impacting a party’s ability to present evidence. As the court noted, CPLR 4511(a) does not obligate trial courts to take judicial notice of laws without regard to other considerations. The dissent argued that the plaintiff had a duty to research and comply with all applicable notice requirements before commencing the action and that the Town had no obligation to assist the plaintiff in proving their case. The dissent cited CPLR 4511(a), stating that courts *must* take judicial notice of local laws. The majority countered that, unlike the case of *Sega v. State of New York*, where the plaintiff conceded she could not have presented further evidence, this plaintiff asserted he could have negated the defense of lack of written notice had it been raised earlier.