COPLEY v. TOWN OF RIVERHEAD


70 A.D.3d 623 (2010)

895 N.Y.S.2d 452

JOAN COPLEY, Respondent, v. TOWN OF RIVERHEAD, Appellant.

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

Decided February 2, 2010.


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

The plaintiff allegedly tripped and fell on an asphalt walkway as she was leaving a recreation center owned and operated by the defendant. The walkway was slightly raised above the adjacent unpaved ground. According to the plaintiff, the accident occurred when her left foot went off the edge of the walkway, causing her to lose her balance...

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