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BITTNER v. TOWN OF ISLIP

64 A.D.3d 623 (2009)

881 N.Y.S.2d 897

NORA BITTNER, Respondent, v. TOWN OF ISLIP, Appellant, et al., Defendant.

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

Decided July 14, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Town of Islip for summary judgment dismissing the complaint insofar as asserted against it is granted.

The defendant Town of Islip established its entitlement to judgment as a matter of law by demonstrating, prima facie, that it did not have prior written notice of a defect on a sidewalk that allegedly caused...

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