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STEIN v. BAUER

2014-01997

130 A.D.3d 710 (2015)

11 N.Y.S.3d 869

2015 NY Slip Op 05930

IRA STEIN, Appellant, v. PETER F. BAUER, Defendant, and TOWN OF HEMPSTEAD, Respondent.

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

Decided July 8, 2015.

Ordered that the judgment is affirmed, with costs.

The instant action arises out of a trip-and-fall accident that occurred on the sidewalk in front of certain premises located in the defendant Town of Hempstead. Town of Hempstead Code § 6-3 provides that no action may be maintained for injuries due to a defective sidewalk unless prior written notice of the alleged defect "was actually served upon the Town Clerk or Town Commissioner of Highways in accordance with...

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