Kramer v. Town of Hempstead
Cases that cite this one
3 later published cases cite this decision.
- Pisiak v. City of New York (Appellate Division of the Supreme Court of New York 2020)
- Reiser v. Incorporated Village of Rockville Centre (Appellate Division of the Supreme Court of New York 2010)
- Sanatass v. Town of North Hempstead (Appellate Division of the Supreme Court of New York 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated July 10,
Ordered that the order is affirmed, with costs.
The plaintiff commenced this action to recover damages for injuries she allegedly sustained when she fell in a parking lot owned by the defendant Town of Hempstead. The Supreme Court properly denied the Town’s motion for summary judgment since it failed to make a prima facie showing that it did not receive notice of the defective condition (see, Town of Hemp-stead Code §§ 6-1, 6-2; LaRosa v Town of Hempstead, 237 AD2d 579). Furthermore, the plaintiff’s submissions raised a triable issue of fact as to whether the alleged defect was caused by the Town’s affirmative negligence, which would obviate the need for prior written notice (see, Monteleone v Incorporated Vil. of Floral Park, 143 AD2d 647, affd 74 NY2d 917; Green v City of New York, 138 AD2d 676). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.