BENSON v. TOWN OF HEMPSTEAD


4 Misc.2d 768 (1956)

Betty Benson, Plaintiff, v. Town of Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 10, 1956.


Attorney(s) appearing for the Case

G. Burchard Smith, County Attorney, for County of Nassau, defendant.

Allinson & Gerzof for plaintiff.


HOWARD T. HOGAN, J.

Defendant County of Nassau moves to dismiss the complaint because of plaintiff's failure to allege notice to it as required by subdivision e of section 12-4.0 of the Nassau County Administrative Code. The complaint alleges that plaintiff was injured when, walking along the sidewalk she came in contact with a tree which defendants permitted to be an encroachment on said sidewalk.

The aforesaid section of the code requires as...

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