LOPEZ v. G&J RUDOLPH INC.


20 A.D.3d 511 (2005)

799 N.Y.S.2d 254

SAUL LOPEZ, Respondent, v. G&J RUDOLPH INC. et al., Respondents, and TOWN OF NORTH HEMPSTEAD, Appellant.

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

July 18, 2005.


Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the Town of North Hempstead, and the action against the remaining defendants is severed.

Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for personal injuries caused by an improperly maintained sidewalk unless it has either received...

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