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PRICE v. COUNTY OF SUFFOLK

13 A.D.3d 509 (2004)

787 N.Y.S.2d 106

CYNTHIA J. PRICE et al., Appellants, v. COUNTY OF SUFFOLK et al., Defendants, and VILLAGE OF LINDENHURST et al., Respondents.

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

December 20, 2004.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The defendants Herbert Harman's Lounge, Inc., doing business as Station Cafe (hereinafter Station Cafe), and Teel Realty, Inc. (hereinafter Teel), were properly awarded summary judgment since the evidence established that the injured plaintiff's accident occurred on a municipal sidewalk and there was no evidence presented that Teel or Station Cafe affirmatively created the defect...

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