White v. Incorporated Village of Hempstead In this Nassau County personal injury case following a default judgment in favor of the defendant the plaintiff moved for vacatur of the default citing law office failure. Plaintiff’s motion was granted and defendant also moved for summary judgment claiming lack of notice of the defective playground where plaintiff was injured. The Appellate Division, Second Department held that although the code of the village of Hempstead section 39-1 (b) allegedly requires that as a condition precedent to suit that Village be provided with prior notice of defective playground equipment New York State General Municipal Law section 50-e (4) prohibits a village from requiring prior written notice of defects at municipal locations other than streets, as highways, as bridges, his culverts, sidewalks or crosswalks. The Court held that that plaintiff suit would survive in that plaintiff created a triable issue of fact as to whether the village created the condition that caused the plaintiffs injuries.