HORAN v. TOWN OF TONAWANDA

CA 10-02522.

83 A.D.3d 1565 (2011)

921 N.Y.S.2d 764

GINNETTE HORAN, Appellant, v. TOWN OF TONAWANDA, Respondent.

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

Decided April 29, 2011.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she tripped over a pothole in a road owned and maintained by defendant. Contrary to plaintiff's contention, Supreme Court properly granted defendant's motion for summary judgment dismissing the amended complaint. Pursuant to Town Law § 65-a (1), a town may be liable for a dangerous...

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