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TONOREZOS v. COUNTY OF NASSAU

266 A.D.2d 387 (1999)

698 N.Y.S.2d 331

TRINA TONOREZOS, Appellant, v. COUNTY OF NASSAU et al., Defendants, and TOWN OF NORTH HEMPSTEAD, Respondent.

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

Decided November 15, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the defendant Town of North Hempstead (hereinafter the Town) to dismiss the complaint insofar as asserted against it, since it is undisputed that the required written notice of the defect which allegedly caused the plaintiff's accident was not given to the Town (see, Town of North Hempstead Code § 26-1). The plaintiff's claim of constructive notice based upon...

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