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MATTEUCCI v. COUNTY OF NASSAU

274 A.D.2d 422 (2000)

711 N.Y.S.2d 768

MARIANNE MATTEUCCI, Respondent, v. COUNTY OF NASSAU, Appellant. (And a Third-Party Action.)

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

Decided July 10, 2000.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff presented sufficient evidence in admissible form to defeat the prima facie showing by the defendant, County of Nassau, of its entitlement to summary judgment (see, Zuckerman v City of New York, 49 N.Y.2d 557). A triable issue exists as to whether the County was entitled to prior written notice of the alleged defect in the roadway since there...

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