RIGNEY v. HEALY


271 A.D.2d 426 (2000)

706 N.Y.S.2d 886

SHIRLEY RIGNEY, Appellant, v. ROBERT HEALY, Respondent. (And a Third-Party Action.)

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

Decided April 3, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The evidence presented by the plaintiff, after the defendant made out a prima facie case for summary judgment, raised triable issues of fact as to whether the defendant had actual or constructive notice of the inadequate lighting condition alleged by the plaintiff and whether that condition was a proximate cause of her injuries (see, Zuckerman v City...

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