KING v. COUNTY OF NASSAU


262 A.D.2d 533 (1999)

692 N.Y.S.2d 430

ROSEANN KING, Respondent, v. COUNTY OF NASSAU, Respondent, and HENDRICKSON BROTHERS, INC., Appellant.

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

Decided June 21, 1999.


Ordered that the order is affirmed, with one bill of costs.

The appellant failed to proffer sufficient evidence that it properly sealed and restored the street where the plaintiff fell. The fact that the appellant completed its drainage work seven years before the plaintiff's accident is insufficient, without more, to entitle it to summary judgment.

Furthermore, contrary to the appellant's contention, the opinion...

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