GERENA v. TOWN OF BROOKHAVEN


306 A.D.2d 514 (2003)

761 N.Y.S.2d 331

CAROLYN A. GERENA, Plaintiff, v. TOWN OF BROOKHAVEN et al., Defendants. (And Third-Party Actions.) (Action No. 1.) CAROLYN A. GERENA, Respondent, v. THOMAS H. GANNON & SON, INC., Appellant. (Action No. 2.)

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

Decided June 30, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint in Action No. 2 is granted, and the complaint in Action No. 2 is dismissed.

The plaintiff in Action No. 2 alleges that on December 14, 1995, she sustained injuries when she slipped on a patch of ice that accumulated in an indentation in the concrete on a public street near the end of the driveway that...

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