After she hit a sidewalk defect and was injured when she fell off her bike, Angela Pagano and her mom filed a personal-injury case against the Town of Smithtown.
When the Suffolk County Supreme Court denied a request to have the case thrown out, the Town appealed.
Because Pagano didn't properly oppose the motion--by raising an "issue of fact" or rebutting a Town Clerk's affidavit that no prior notice of the problem had been given--the Appellate Division, Second Department, reversed and dismissed.
A letter as to the sidewalk's poor condition (received some three years before the accident) wasn't enough notice of the defect which later led to the kid's injuries.
Hope they didn't lose faith.
To view a copy of the Appellate Division's decision, please use this link: Pagano v. Town of Smithtown