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SCHUSTER v. TOWN OF HEMPSTEAD

130 A.D.2d 481 (1987)

Ellyn Schuster, Respondent, v. Town of Hempstead et al., Appellants, and Patricia Cook, Respondent. (Action No. 1.) Patricia Cook, Respondent, v. Town of Hempstead et al., Appellants. (Action No. 2.) (And a Third-Party Action and Another Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1987

Ordered that the judgments are affirmed insofar as appealed from, with one bill of costs.

The Town of Hempstead has the right to require prior written notice of an alleged defect as a condition precedent to the plaintiffs maintaining an action against it for injuries sustained by reason of a defective, unsafe or out-of-repair highway (see, Hempstead Town Code § 6-1; Zigman v Town of Hempstead, ...

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