CURRY v. COUNTY OF ERIE


233 A.D.2d 957 (1996)

649 N.Y.S.2d 897

Erin E. Curry, Respondent, v. County of Erie, Defendant, and Town of Concord, Appellant

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

November 8, 1996


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendant Town of Concord (Town) for summary judgment dismissing the complaint against it. The proof submitted by plaintiff raises triable issues of fact with regard to her allegation that the Town was negligent in creating the hazardous accumulation of water that caused her accident. We reject the contention of the Town that the affidavit submitted by the owner...

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