WAGNER v. INCORPORATED VILLAGE OF ISLAND PARK

2009-06597

72 A.D.3d 936 (2010)

898 N.Y.S.2d 867

RACHEL WAGNER, Appellant, v. INCORPORATED VILLAGE OF ISLAND PARK et al., Respondents, et al., Defendants.

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

Decided April 20, 2010.


Ordered that the order is affirmed, with costs.

The defendants Incorporated Village of Island Park and James Sarro (hereinafter together the defendants) established, prima facie, their entitlement to judgment as a matter of law. In opposition, the plaintiff failed to raise a triable issue of fact as to whether there was a violation of any rule sufficient to trigger the provisions of General Municipal Law § 205-a. Accordingly, the Supreme Court properly granted...

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