Nelson v. Town of Hempstead

—In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), dated March 4, 1996, which granted the defendant’s motion for summary jüdgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff allegedly slipped on sand left near a curb after the defendant Town of Hempstead (hereinafter the Town) had swept the sand from Lenox Road in Baldwin, New York, following a snowstorm. The court dismissed the complaint for failure to establish that the Town had prior written…