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GOETZ v. TOWN OF SMITHTOWN

303 A.D.2d 367 (2003)

755 N.Y.S.2d 669

SANDI GOETZ, Respondent, v. TOWN OF SMITHTOWN, Appellant, et al., Defendant.

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

Decided March 3, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed in its entirety, and the cross motion is denied as academic.

The appellant made a prima facie showing of its entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]), as it presented evidence demonstrating...

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