GUSTAVSSON v. COUNTY OF WESTCHESTER


264 A.D.2d 408 (1999)

693 N.Y.S.2d 241

LYNN-ANN GUSTAVSSON, Appellant, v. COUNTY OF WESTCHESTER, Respondent.

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

Decided August 9, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the plaintiff that the defendant failed to establish its entitlement to summary judgment based on its contention that it had not received prior written notice of any alleged defective condition as required by Westchester County Code § 780.01. The defendant did not meet its initial burden of presenting evidence of the absence of such notice. Therefore, the defendant's motion...

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