Gallo v. Town of Hempstead
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
A review of the trial evidence, particularly the testimony of the plaintiff Rita Gallo as to the circumstances of her fall into a hole in the grass adjacent to the curbline, which area was part of the sidewalk (see, Vehicle and Traffic Law § 144) and concededly owned by the defendant Town of Hempstead, establishes that the cause of the accident was not the cement object situated at the bottom of the hole, but the hole itself. Clearly, then, it was an actual physical defect in the sidewalk that was responsible for Rita Gallo’s injury, and, therefore, the written notice provision of Town Law §…
2Cases cited6 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Parella v. LevinAppellate Division of the Supreme Court of the State of New York · 1985
- Schare v. Incorporated Village of East RockawayAppellate Division of the Supreme Court of the State of New York · 1983
- Abbatecola v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1983
- Flynn v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hall v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2000
- Castiglione v. Village of EllenvilleAppellate Division of the Supreme Court of the State of New York · 2002
- Zizzo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Staudinger v. Village of GranvilleAppellate Division of the Supreme Court of the State of New York · 2003
- Bang v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2002
9 more not listed; retrieve them via the Exa API.