KISZENIK v. TOWN OF HUNTINGTON


70 A.D.3d 1007 (2010)

895 N.Y.S.2d 208

ROBERT KISZENIK, Respondent, v. TOWN OF HUNTINGTON, Appellant.

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

Decided February 23, 2010.


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

Contrary to the plaintiff's contentions and the determination of the Supreme Court, the defendant's motion for summary judgment dismissing the complaint should have been granted. The defendant made a prima facie showing of its entitlement to judgment as a matter of law by submitting affidavits of its employees demonstrating...

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