Gallo v. Town of Hempstead, 124 A.D.2d 700 (N.Y. App. Div. 1986). · Go Syfert
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Gallo v. Town of Hempstead, 124 A.D.2d 700 (N.Y. App. Div. 1986). Cases Citing This Book View Copy Cite
14 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Pulver v. City of Fulton Department of Public Works (nyappdiv, 2014-01-03)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see, e.g." Pulver v. City of Fulton Department of Public Works
N.Y. App. Div. · 2014 · signal: see also · confidence medium
Contrary to plaintiffs contention, the court properly determined that the City’s prior written notice requirement applies inasmuch as the area where the accident occurred is part of the sidewalk (see Castiglione v Village of Ellenville, 291 AD2d 769, 770 [2002], lv denied 98 NY2d 604 [2002]; Hall v City of Syracuse, 275 AD2d 1022, 1023 [2000]; see also Gallo v Town of Hempstead, 124 AD2d 700, 700 [1986]).
discussed Cited "see, e.g." Pulver v. City of Fulton Department of Public Works
N.Y. App. Div. · 2014 · signal: see also · confidence medium
Contrary to plaintiffs contention, the court properly determined that the City’s prior written notice requirement applies inasmuch as the area where the accident occurred is part of the sidewalk (see Castiglione v Village of Ellenville, 291 AD2d 769, 770 [2002], lv denied 98 NY2d 604 [2002]; Hall v City of Syracuse, 275 AD2d 1022, 1023 [2000]; see also Gallo v Town of Hempstead, 124 AD2d 700, 700 [1986]).
discussed Cited "see, e.g." PULVER, MICHELLE v. CITY OF FULTON DEPARTMENT OF PUBLIC
N.Y. App. Div. · 2014 · signal: see also · confidence low
Contrary to plaintiff’s contention, the court properly determined that the City’s prior written notice requirement applies inasmuch as the area where the accident occurred is part of the sidewalk (see Castiglione v Village of Ellenville, 291 AD2d 769, 770 , lv denied 98 NY2d 604 ; Hall v City of Syracuse, 275 AD2d 1022, 1023 ; see also Gallo v Town of -2- 1086 CA 13-00579 Hempstead, 124 AD2d 700, 700 ).
Retrieving the full opinion text from the archive…
Rita Gallo
v.
Town of Hempstead, , (And Third- and Fourth-Party Titles.)
Appellate Division of the Supreme Court of the State of New York.
Nov 17, 1986.
124 A.D.2d 700
1986 N.Y. App. Div. LEXIS 62007
Cited by 14 opinions  |  Published

A review of the trial evidence, particularly the testimony of the plaintiff Rita Gallo as to the circumstances of her fall into a hole in the grass adjacent to the curbline, which area was part of the sidewalk (see, Vehicle and Traffic Law § 144) and concededly owned by the defendant Town of Hempstead, establishes that the cause of the accident was not the cement object situated at the bottom of the hole, but the hole itself. Clearly, then, it was an actual physical defect in the sidewalk that was responsible for Rita Gallo’s injury, and, therefore, the written notice provision of Town Law § 65-a (2) expressly applied to the case at bar. Since the plaintiffs conceded that the town had not received prior written notice of the defect in accordance with that section of the Town Law, the trial court properly dismissed the complaint on that ground (see, Parella v Levin, 111 AD2d 750; Abbatecola v Town of Islip, 97 AD2d 780; cf. Flynn v Town of N. Hempstead, 97 AD2d 430; Schare v Incorporated Vil. of E. Rockaway, 95 AD2d 802).

[*701] Furthermore, the plaintiffs failed to prove that the town created the hole or engaged in any affirmative tortious conduct which would have exempted them from establishing compliance with Town Law § 65-a (2) (see, Martin v City of Cohoes, 37 NY2d 162, 166; Zortman v City of Niagara Falls, 101 AD2d 711). Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.