KOMINSKI v. VILL. OF TARRYTOWN


218 A.D.2d 786 (1995)

631 N.Y.S.2d 70

Sandra I. Kominski et al., Appellants, v. Village of Tarrytown, Respondent, et al., Defendants

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

August 28, 1995


Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contentions, the Supreme Court properly concluded that no issues of fact existed to preclude an award of summary judgment to the defendant Village of Tarrytown (hereinafter the Village). The plaintiffs have failed to demonstrate that any affirmative acts of negligence by the Village proximately caused the injured plaintiff to fall over an uneven street surface (see, Brody v Town...

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