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SALUTO v. TOWN OF CARMEL

2010-05739.

87 A.D.3d 686 (2011)

928 N.Y.S.2d 641

2011 NY Slip Op 6344

ANTHONY J. SALUTO, Appellant, v. TOWN OF CARMEL et al., Respondents.

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

Decided August 23, 2011.

Ordered that the order is affirmed, without costs or disbursements.

The defendants established their prima facie entitlement to judgment as a matter of law. In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 N.Y.2d 557

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