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FLYNN v. NORTH HEMPSTEAD

114 Misc.2d 125 (1982)

Kathleen Flynn et al., Plaintiffs, v. Town of North Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 25, 1982

Attorney(s) appearing for the Case

Angelo J. Mangia, Town Attorney, for Town of North Hempstead, defendant. Rosa & McManus for Incorporated Village of New Hyde Park, defendant. William J. Steinbrecher, P. C., for plaintiffs.

ARTHUR D. SPATT, J.

The issue presented is whether a fallen metal signpost lying across a sidewalk which the defendant Town of North Hempstead has the duty to maintain, is a "defect in its sidewalk" so as to require prior "written notice" within the provisions of subdivision 2 of section 65-a of the Town Law.

RELIEF REQUESTED

This is a motion by defendant Town of North Hempstead (Town) for an order granting leave to reargue a prior motion...

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