PANCELLA v. COUNTY OF SUFFOLK


16 A.D.3d 566 (2005)

790 N.Y.S.2d 876

MALVINA CHRISTINE PANCELLA, Respondent, v. COUNTY OF SUFFOLK, Appellant.

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

March 21, 2005.


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 insofar as it alleged common-law negligence is granted, and the complaint is dismissed in its entirety.

The defendant established its entitlement to judgment as a matter of law dismissing the complaint insofar as it alleged common-law negligence, by demonstrating that the alleged defective condition...

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