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GORMAN v. TOWN OF HUNTINGTON

47 A.D.3d 30 (2007)

844 N.Y.S.2d 421

NORMA GORMAN et al., Respondents, v. TOWN OF HUNTINGTON, Appellant.

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

October 30, 2007.

Attorney(s) appearing for the Case

John J. Leo, Town Attorney, Huntington (Margaret L. Pezzino of counsel), for appellant.

Thomas J. Lavallee, Hauppauge, for respondents.

SPOLZINO, J.P., SKELOS and McCARTHY, JJ., concur.

OPINION OF THE COURT

DILLON, J.

We are presented on this appeal with an issue never previously addressed at the appellate level. In this action for damages against a town arising out of an alleged trip and fall on a municipal sidewalk, prior written notice of the dangerous condition underlying the claim had not been filed with the town clerk or superintendent of highways as required by local ordinance. Instead, at least one member of the public had been...

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