CANNON v. INC. VILL. OF LINDENHURST


226 A.D.2d 662 (1996)

641 N.Y.S.2d 728

John J. Cannon et al., Respondents, v. Incorporated Village of Lindenhurst, Appellant, et al., Defendant

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

April 29, 1996


Ordered that the order is reversed, on the law, with costs, the cross motion of the defendant Incorporated Village of Lindenhurst for summary judgment dismissing the complaint insofar as asserted against it is granted, and the action against the remaining defendant is severed.

The plaintiffs were injured when their car went over a raised grate on South Wellwood Avenue, located in the Incorporated Village of Lindenhurst (hereinafter the Village). The plaintiffs commenced...

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