Legal Opinion

Flynn v. Town of North Hempstead

New York Supreme Court

Decided May 25, 1982PublishedCited by 3 opinions

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

  1. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
  2. Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
  3. MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
  4. Simpson v. LoehmannNew York Court of Appeals · 1968
  5. Fullerton v. City of SchenectadyNew York Court of Appeals · 1955

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3Cited by3 opinions

  1. Freeman v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1983
  2. Duffy v. Horton Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1985
  3. Velen Medical Supply, Inc. v. Greyhound Lines, Inc.Nassau County District Court · 2011

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