Schlatter v. Town of Hempstead

The defendant Town of Hempstead moves, under subdivision 5 of rule 106 of the Rules of Civil Practice, for the dismissal of the complaint herein on the ground that it fails to state a cause of action against the defendant Town,

The action is for injuries claimed to have been sustained in a fall on an allegedly defective sidewalk on the south side of Hempstead Turnpike, a State highway. The sidewalk is alleged to have been constructed and maintained by the defendant Town. However, the complaint fails to allege the giving of notice of the defect to the Town as required by section 215 of the…