NELSON v. TOWN OF HEMPSTEAD


238 A.D.2d 391 (1997)

656 N.Y.S.2d 363

Thomas J. Nelson et al., Appellants, v. Town of Hempstead, Respondent

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

April 14, 1997


Ordered that the order is affirmed, with costs.

The infant plaintiff allegedly slipped on sand left near a curb after the defendant Town of Hempstead (hereinafter the Town) had swept the sand from Lenox Road in Baldwin, New York, following a snowstorm. The court dismissed the complaint for failure to establish that the Town had prior written notice of the purportedly dangerous condition, as was required by Town Law § 65-a as well as by Town of Hempstead Code...

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