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SANATASS v. TOWN OF NORTH HEMPSTEAD

64 A.D.3d 695 (2009)

881 N.Y.S.2d 901

DOREEN SANATASS, Respondent, v. TOWN OF NORTH HEMPSTEAD, Appellant, and BEA SIMPSON et al., Respondents.

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

Decided July 21, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the defendant Town of North Hempstead failed to establish its prima facie entitlement to judgment as a matter of law on the issue of whether it received prior written notice of the alleged defect (see Bonilla v Incorporated Vil. of Hempstead, 49 A.D.3d 788, 789 [2008]; Kramer v Town of Hempstead,

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