| Mullen v Town of Hempstead |
| 2009 NY Slip Op 07380 [66 AD3d 745] |
| October 13, 2009 |
| Appellate Division, Second Department |
| Prudence Mullen, Appellant, v Town of Hempstead,Respondent. |
—[*1]
In an action to recover damages for personal injuries, the plaintiff appeals from a judgmentof the Supreme Court, Nassau County, dated April 29, 2008, which, upon an order of the samecourt (Feinman, J.), entered March 13, 2008, granting the defendant's motion to dismiss thecomplaint, is in favor of the defendant and against her, dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the defendant, Town of Hempstead, was not prohibitedby General Municipal Law § 50-e (4) from requiring prior written notice of defects in apaved bike path over which the public has a general right of passage, which is the functionalequivalent of a sidewalk or highway (see Scoville v Town of Amherst, 277 AD2d 1038,1039 [2000]; Bacon v Mussaw, 167 AD2d 741, 744 [1990]; Schneid v City of WhitePlains, 150 AD2d 549 [1989]; cf. Walker v Town of Hempstead, 84 NY2d 360[1994]; Quackenbush v City of Buffalo,43 AD3d 1386, 1388 [2007]). Accordingly, since it is undisputed that the Town did nothave prior written notice of the defect alleged by the plaintiff, the Supreme Court properlydismissed the complaint (see Code of Town of Hempstead §§ 6-1, 6-3;Town Law § 65-a [2]). Skelos, J.P., Santucci, Belen and Hall, JJ., concur.