RICHARDS v. INCORPORATED VILLAGE OF ROCKVILLE CENTRE

2009-07017.

80 A.D.3d 594 (2011)

914 N.Y.S.2d 643

DALE RICHARDS, Appellant, v. INCORPORATED VILLAGE OF ROCKVILLE CENTRE, Respondent.

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

Decided January 11, 2011.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she stumbled and fell in a parking lot owned by the defendant, Incorporated Village of Rockville Centre, as a result of stepping into a pothole. After issue was joined, the Village moved for summary judgment dismissing the complaint.

On its motion for summary judgment dismissing the complaint, the Village made a prima facie showing of entitlement to judgment as a matter...

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