Flynn v. Town of North Hempstead
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Arthur D. Spatt, J.
The issue presented is whether a fallen metal signpost lying across a sidewalk which the defendant Town of North Hempstead has the duty to maintain, is a “defect in its sidewalk” so as to require prior “written notice” within the provisions of subdivision 2 of section 65-a of the Town Law.
RELIEF REQUESTED
This is a motion by defendant Town of North Hempstead (Town) for an order granting leave to reargue a prior motion by said defendant for summary judgment and, upon such reargument, for an order granting summary judgment dismissing the complaint.
BACKGROUND…
2Cases cited19 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Simpson v. LoehmannNew York Court of Appeals · 1968
- Fullerton v. City of SchenectadyNew York Court of Appeals · 1955
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3Cited by3 opinions
- Freeman v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1983
- Duffy v. Horton Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1985
- Velen Medical Supply, Inc. v. Greyhound Lines, Inc.Nassau County District Court · 2011