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DEMANT v. TOWN OF OYSTER BAY

23 A.D.3d 333 (2005)

804 N.Y.S.2d 107

JUDITH DEMANT et al., Appellants, v. TOWN OF OYSTER BAY et al., Respondents, et al., Defendants.

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

November 7, 2005.

Ordered that the order is affirmed, with one bill of costs to the respondents.

The plaintiff Judith Demant contends that she was injured when she tripped on a pothole in the parking lot of a diner in Syosset. The defendant Long Island Rail Road (hereinafter the LIRR) established its prima facie entitlement to summary judgment through the submission of evidence establishing that it did not own or maintain the subject parking lot (see Alvarez v Prospect Hosp.,

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