KORNBRUST v. 1037 MAIN ST. CONDO.


212 A.D.2d 582 (1995)

623 N.Y.S.2d 135

Jane A. Kornbrust, Respondent, v. 1037 Main Street Condominium, Defendant, Joseph Dicola, Respondent, and City of Peekskill, Appellant. (And a Third-Party Action.)

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

February 14, 1995


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the motion of the City of Peekskill for summary judgment because triable issues of fact exist with regard to whether it treated the private road in question as a public road and had exerted control over it (see, Vastola v City of New York,...

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