HORNBECK v. VILLAGE OF TARRYTOWN


55 A.D.3d 674 (2008)

865 N.Y.S.2d 359

KIMMARIE HORNBECK, Appellant, v. VILLAGE OF TARRYTOWN et al., Respondents.

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

October 14, 2008.


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment dismissing the complaint is denied, the cross motion to compel discovery is granted, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings, including scheduling a conference to address outstanding discovery.

The defendants failed to make a prima facie showing that the area where the plaintiff fell was within the scope of the applicable...

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