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WINSCHE v. TOWN OF NORTH HEMPSTEAD

304 A.D.2d 756 (2003)

757 N.Y.S.2d 774

RICHARD WINSCHE, Appellant, v. TOWN OF NORTH HEMPSTEAD, Respondent, et al., Defendants.

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

Decided April 21, 2003.

Ordered that the order is affirmed, with costs.

The defendant Town of North Hempstead demonstrated its entitlement to judgment as a matter of law by submitting evidence that it neither created the alleged defective condition, caused the accident by its affirmative act of negligence, nor had prior written notice of the alleged defective condition of the sidewalk which caused the plaintiff's injury (see Hampton v Town...

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