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KRAVATZ v. COUNTY OF SUFFOLK

40 A.D.3d 1042 (2007)

837 N.Y.S.2d 244

JOEL KRAVATZ et al., Respondents, v. COUNTY OF SUFFOLK, Appellant.

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

Decided May 29, 2007.

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

The defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence that it did not receive prior written notice of the defect in the roadway that allegedly caused the injured plaintiff's fall (see Lopez v G&J Rudolph Inc., 20 A.D.3d 511

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