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Rodriguez v. Town of IslipRodriguez v. Town of Islip

Appellate Division of the Supreme Court of the State of New York
Nov 29, 2011
Versions:89 A.D.3d 1077
933 N.Y.2d 601

The defendant County of Suffolk established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not have prior written notice of a defect on a sidewalk that allegedly caused the plaintiff to fall (see Suffolk County Charter § C8-2A; Regan v Town of N. Hempstead, 66 AD3d 863, 864 [2009]; Koehler v Incorporated Vil. of Lindenhurst, 42 AD3d 438 [2007]; Lysohir v County of Suffolk, 10 AD3d 638, 639 [2004]). In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact (see Regan v Town of N. Hempstead, 66 AD3d at 864; Lysohir v County of Suffolk, 10 AD3d at 639). Accordingly, the Supreme Court should have granted the County‘s motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Skelos, J.P., Balkin, Eng and Sgroi, JJ., concur.

Case Details

Case Name: Rodriguez v. Town of Islip
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 29, 2011
Citations: 89 A.D.3d 1077; 933 N.Y.2d 601
Court Abbreviation: N.Y. App. Div.
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