Ordered that the order is affirmed, with costs.
It is undisputed that the Town of Hempstead did not have prior written notice of the hazardous condition alleged by the plaintiffs to have caused the instant collision (see, Town of Hempstead Code § 6-1). Nevertheless, the Supreme Court properly denied the Town's motion for summary judgment as the plaintiffs successfully demonstrated the existence of an issue of fact as to whether the Town created the condition...
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