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PAULIS v. TOWN OF BROOKHAVEN

260 A.D.2d 456 (1999)

686 N.Y.S.2d 328

KIMBERLY PAULIS, Respondent, v. TOWN OF BROOKHAVEN, Appellant, and LINDA YEE, Respondent.

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

Decided April 12, 1999.

Ordered that the order is affirmed, with costs to the defendant-respondent.

Contrary to the appellant's contentions, the plaintiff established the existence of a factual question as to whether or not the appellant had constructive knowledge of a defective condition (see, DiSanto v Town of Islip, 212 A.D.2d 500). Thus, summary judgment was properly denied.

In light of this...

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