OTTO v. MILLER

2018-09102. Index No. 21859.

177 A.D.3d 895 (2019)

2019 NY Slip Op 08417

Chantal Otto, Respondent, v. June Miller, Defendant, and Town of Islip, Appellant.

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

Decided November 20, 2019.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she tripped and fell on a defect in a sidewalk in the Town of Islip. The plaintiff commenced this personal injury action against the Town and another defendant. The Town moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it on the ground that it did not have prior written notice of the alleged defect in the sidewalk. The Supreme...

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