Ordered that the order is affirmed, with costs.
The plaintiff commenced this action, inter alia, to recover damages for personal injuries sustained as a result of an automobile accident which allegedly was caused by the plaintiff's failure to observe a stop sign due to foliage which obstructed the view of the stop sign. The Town's motion for summary judgment was based on the assertion that Oyster Bay Town Code § 160-1 (c) requires that the Town receive prior written notice as a condition precedent to the maintenance of a civil action against the Town for an allegedly defective condition of a traffic sign. Oyster Bay Town Code § 160-1 (c) is in conflict with General Municipal Law § 50-e (4) to the extent it requires prior written notice with respect to defects claimed to exist in those categories of municipal property which cannot be classified as "street[s], highway[s], bridge[s], culvert[s], sidewalk[s], or crosswalk[s]" (General Municipal Law § 50-e; Walker v Town of Hempstead, 84 N.Y.2d 360). The provision in the Town Code relied upon by the Town is therefore invalid (see, Walker v Town of Hempstead, supra; cf., Poirier v City of Schenectady, 85 N.Y.2d 310).
Furthermore, the defective condition which caused the accident in this case cannot be deemed to constitute a defect in a street or highway as those terms are used in General Municipal Law § 50-e (4). The presence of foliage in the vicinity of a stop sign cannot be considered a physical defect in a nearby street or highway (see, Doremus v Incorporated Vil. of Lynbrook, 18 N.Y.2d 362; see also, Monteleone v Incorporated Vil. of Floral Park, 74 N.Y.2d 917, 918; DiSanto v Town of Islip, 212 A.D.2d 500; Torres v Galvin, 189 A.D.2d 870). For these reasons, summary judgment was properly denied. Mangano, P.J., Bracken, Balletta and O'Brien, JJ., concur.