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HINCH v. FRANKEL'S FABRIC CTR.

23 Misc.2d 101 (1960)

Mary Hinch, Plaintiff, v. Frankel's Fabric Center et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 5, 1960.

Attorney(s) appearing for the Case

Clarence W. Williamson, Jr., for Village of Garden City, Inc., defendant.

Sweeney & O'Donoghue for plaintiff.

FRANK A. GULOTTA, J.

This is a motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. The action is one against the Incorporated Village of Garden City to recover damages for personal injuries sustained as a result of plaintiff's fall over an alleged defective sidewalk. The complaint contains no allegation as to prior written notice as required by section 341-a...

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