GARDNER v. COUNTY OF MONROE


247 A.D.2d 865 (1998)

668 N.Y.S.2d 818

Nancy A. Gardner, Appellant, v. County of Monroe et al., Respondents. (Appeal No. 1.)

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

February 4, 1998


Judgment unanimously reversed on the law with costs, motion and cross motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting the motion and cross motion of defendants for summary judgment dismissing the complaint. The record contains evidence that defendants had actual notice of a recurrent dangerous condition involving missing or dislodged drain hole covers, and plaintiff testified at her deposition that an employee of defendant...

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