This is a negligence action against a town arising out of an alleged fall in a roadway in the hamlet of Centereach, Town of Brookhaven. The motion to dismiss and the order granting dismissal are erroneously premised on section 341-a of the Village Law, which is not applicable. The comparable Town Law provision is subdivision 1 of section 65-a, formerly section 215 of the Highway Law, and it differs from its Village Law counterpart in that actual notice or constructive...
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