WALKER v. TOWN OF HEMPSTEAD


190 A.D.2d 364 (1993)

Charles Walker et al., Appellants, v. Town of Hempstead, Respondent

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

June 1, 1993


Attorney(s) appearing for the Case

DiJoseph, Portegello & Schuster, New York City (Arnold E. DiJoseph and Alan H. Greenberg of counsel), for appellants.

Rivkin, Radler, Bayh, Hart & Kremer, Uniondale (Edward J. Hart, Evan H. Krinick and John M. Denby of counsel), for respondent.

ROSENBLATT, O'BRIEN and COPERTINO, JJ., concur.


BRACKEN, J. P.

In this case, the plaintiffs argue that a local "notice of defect" law (Local Laws, 1988, No. 90 of Town of Hempstead [hereinafter Town of Hempstead Code § 6-2]) is inconsistent with a general law of State-wide applicability (General Municipal Law § 50-e [4]), and that the local law is, therefore, invalid. The defendant Town of Hempstead argues that no such inconsistency exists. We conclude...

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