VIGMOSTAD v. COUNTY OF SUFFOLK


293 A.D.2d 671 (2002)

740 N.Y.S.2d 643

PENELOPE VIGMOSTAD et al., Appellants, v. COUNTY OF SUFFOLK et al., Respondents.

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

Decided April 22, 2002.


Ordered the order and the interlocutory judgment are affirmed, with costs.

The Town of Huntington established, prima facie, that its failure to repaint the "edge line" on Waterside Avenue was not a proximate cause of the plaintiff Penelope Vigmostad's injury. Since the plaintiffs failed to raise a triable issue of fact in opposition thereto, the Supreme Court properly granted the Town's motion for summary judgment and dismissed the complaint insofar as asserted against...

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