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WALKER v. TOWN OF HEMPSTEAD

84 N.Y.2d 360 (1994)

643 N.E.2d 77

618 N.Y.S.2d 758

Charles Walker et al., Respondents, v. Town of Hempstead, Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1994.

Attorney(s) appearing for the Case

Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick, Merril Schapiro Biscone and Christine M. Metzner of counsel), for appellant.

DiJoseph, Portegello & Schuster, New York City (Arnold DiJoseph, III, of counsel), for respondents.

Lydia Rocissano Marola, Albany, and A. Kevin Crawford for the New York State Conference of Mayors and Municipal Officials and another, amici curiae.

Schneider, Kleinick, Weitz, Damashek, Godosky & Gentile, New York City (Brian J. Shoot of counsel), and Abraham Fuchsberg, for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

Plaintiff commenced this personal injury action against the Town of Hempstead to recover for injuries sustained on a municipal paddleball court located at a Town beach area. The defendant Town moved for summary judgment on the ground that it had not been given prior written notice of any defective condition of the paddleball court as required by Town of Hempstead Code § 6-2.1...

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