MARIE GUILIANO v. TOWN OF BROOKHAVEN


34 A.D.3d 734 (2006)

826 N.Y.S.2d 100

ANN MARIE GUILIANO, Respondent, v. TOWN OF BROOKHAVEN, Appellant.

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

Decided November 28, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The plaintiff, Ann Marie Guiliano, commenced this action for personal injuries after she allegedly tripped on a defective board on a boardwalk owned and maintained by the defendant Town of Brookhaven. After discovery was completed, the Town moved for summary judgment dismissing the complaint on the ground that it had not received prior...

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