KUPFER v. VILLAGE OF BRIARCLIFF MANOR


288 A.D.2d 269 (2001)

732 N.Y.S.2d 885

DENISE KUPFER, Respondent, v. VILLAGE OF BRIARCLIFF MANOR, Appellant.

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

Decided November 13, 2001.


Ordered that the order is affirmed, with costs.

The plaintiff tripped and fell on an allegedly uneven and depressed brick sinkhole in the sidewalk in the business district in the appellant Village of Briarcliff Manor. The plaintiff alleged in her complaint that the Village had prior written notice of the alleged defect and had created the defective condition when it hired a contractor to install the sidewalk.

In support of its motion for summary judgment,...

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