HERMAN v. TOWN OF CLARENCE


256 A.D.2d 1229 (1998)

683 N.Y.S.2d 456

AUDREY J. HERMAN et al., Respondents, v. TOWN OF CLARENCE, Appellant.

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

Decided December 31, 1998.


Order unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action to recover damages for personal injuries sustained by Audrey J. Herman (plaintiff) when she tripped and fell over a railroad tie placed near the edge of a parking lot on property owned by defendant. Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. Defendant failed to meet its initial burden of establishing as a matter of law...

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