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BRIENZA v. TOWN OF BROOKHAVEN

266 A.D.2d 329 (1999)

698 N.Y.S.2d 164

DOREEN BRIENZA et al., Respondents, v. TOWN OF BROOKHAVEN et al., Defendants, and MARRON REALTY IMPROVEMENTS, INC., Appellant.

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

Decided November 15, 1999.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The appellant made out a prima facie case (see, CPLR 3212 [b]) that it was not responsible for the allegedly hazardous condition which caused the injuries sustained by the...

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