Walker v. Town of Huntington

In this action to recover damages for injuries sustained by the female plaintiff when she tripped and fell over a “ valve or opening ” located in a public sidewalk of the defendant town, the town has moved to dismiss the complaint for legal insufficiency in that it fails to allege the giving of notice of the sidewalk defect as required by the Highway Law (§ 215, subd. 2).

“ No civil action ”, reads the statute in question, “ shall be maintained against any town * * * for damages or injuries to person or property sustained by reason of any defect in its sidewalks * * * unless such sidewalks…