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PASTORE v. TOWN OF HARRISON

57 A.D.3d 636 (2008)

868 N.Y.S.2d 543

CAROL PASTORE, Respondent, v. TOWN OF HARRISON, Appellant.

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

December 9, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the plaintiff's prima facie showing that the defect which caused her trip-and-fall accident was created by the defendant's negligence in repairing the roadway in question (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]), the defendant failed to raise a triable issue of fact (see CPLR 3212 [b]). Furthermore, proof that...

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