POWELL v. TOWN OF HEMPSTEAD


61 A.D.3d 950 (2009)

877 N.Y.S.2d 468

CARLA J. POWELL et al., Appellants, v. TOWN OF HEMPSTEAD, Respondent.

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

Decided April 28, 2009.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted those branches of the defendant's motion which were, in effect, pursuant to CPLR 4404 (a) to set aside a jury verdict on the issue of liability and for judgment as a matter of law. In general, where, as here, a local law or ordinance requires prior written notice of a highway defect, a municipality cannot be held liable for injuries allegedly caused by that defect absent prior written...

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