Harris v. City of Glen Cove

Motion to dismiss complaint pursuant to subdivision 4 of rule 106 of the Buies of Civil Practice is denied.

In paragraph “ Fourth” of the complaint the City of Glen Cove is charged with permitting the erection of an obstruction in a public highway. “ Notice to a city of a dangerous condition in a street, where the city has granted a permit to place the obstruction therein and its authorized agent has inspected it, is not a condition precedent to a right to bring an action for damages occasioned by the obstruction. * * * Where a city grants a permit to obstruct a sidewalk it is under a…