CONTINI v. CLARK


210 A.D.2d 730 (1994)

621 N.Y.S.2d 926

Dolores M. Contini et al., Respondents, v. William J. Clark et al., Respondents, and Town of Ulster, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 15, 1994


Supreme Court properly denied defendant Town of Ulster's motion for summary judgment dismissing the complaint against it. A review of the record reveals that the Town failed to make a showing sufficient to establish, prima facie, an entitlement to judgment as a matter of law. As the court noted, the papers in support of the motion were conclusory with respect to the ownership and maintenance of the area at issue. In addition, although it contended that it had not received...

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