PROGRESSIVE NORTHEASTERN INSURANCE COMPANY v. TOWN OF OYSTER BAY


40 A.D.3d 612 (2007)

835 N.Y.S.2d 406

PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, as Subrogee of THERESA IACONA, Respondent, v. TOWN OF OYSTER BAY, Appellant.

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

Decided May 1, 2007.


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

The vehicle of the plaintiff's insured allegedly sustained a total loss when it slid into the water from an inclined boat ramp in a park owned by the defendant. The plaintiff contends, inter alia, that the defendant failed to establish, as a matter of law, that it fulfilled its duties to keep the boat ramp in a reasonably...

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