Legal Opinion

Walker v. Town of Hempstead

Appellate Division of the Supreme Court of the State of New York

Decided June 1, 1993PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J. P.

In this case, the plaintiffs argue that a local "notice of defect” law (Local Laws, 1988, No. 90 of Town of Hempstead [hereinafter Town of Hempstead Code §6-2]) is inconsistent with a general law of State-wide applicability (General Municipal Law § 50-e [4]), and that the local law is, therefore, invalid. The defendant Town of Hempstead argues that no such inconsistency exists. We conclude that the terms of the two enactments are indeed inconsistent, but that this circumstance alone does not render the local law invalid. The Town *366of Hempstead may supersede…

2Cases cited22 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Kamhi v. Town of YorktownNew York Court of Appeals · 1989
  3. Bareham v. City of RochesterNew York Court of Appeals · 1927
  4. F. T. B. Realty Corp. v. GoodmanNew York Court of Appeals · 1949
  5. Fullerton v. City of SchenectadyNew York Court of Appeals · 1955

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3Cited by7 opinions

  1. Walker v. Town of HempsteadNew York Court of Appeals · 1994
  2. Mendes v. Whitney-Floral Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Horan v. Town of TonawandaAppellate Division of the Supreme Court of the State of New York · 2011
  4. Doherty v. Town of ClarkstownAppellate Division of the Supreme Court of the State of New York · 1996
  5. Barone v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1995

2 more not listed; retrieve them via the Exa API.

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