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WEBER v. TOWN OF HEMPSTEAD

58 A.D.3d 617 (2009)

871 N.Y.S.2d 339

HENRY WEBER, Respondent, v. TOWN OF HEMPSTEAD, Appellant.

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

January 13, 2009.

Ordered that the order is affirmed, with costs.

On the night of September 23, 2004 the plaintiff allegedly tripped and fell on an uneven surface in the Newbridge Road Park parking lot, located in the defendant Town of Hempstead, and fractured his right foot. As the plaintiff correctly concedes on appeal, the defendant established that it lacked prior written notice of a dangerous and defective condition at the subject location (see Amabile v City of Buffalo,

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