FREDETTE v. TOWN OF SOUTHAMPTON

2009-10316.

95 A.D.3d 939 (2012)

943 N.Y.S.2d 760

2012 NY Slip Op 3594

LEE ADAM FREDETTE, Appellant, v. TOWN OF SOUTHAMPTON et al., Defendants, and ERNEST SBASCHNIK et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 8, 2012.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants Ernest Sbaschnik and Christine A. Sbaschnik (hereinafter the Sbaschnik defendants) established their prima facie entitlement to judgment as a matter of law by their testimony that their home was located near the east side of the trail on which the subject motorcycle accident occurred, while the accident occurred on the west side, that they did not place concrete or other debris...

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