MURPHY v. BROWN

2018-13687. Index No. 604235/15.

178 A.D.3d 832 (2019)

111 N.Y.S.3d 869

2019 NY Slip Op 08851

Sharon Murphy, Respondent, v. Gary Brown et al., Defendants, and Town of Brookhaven, Appellant.

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

Decided December 11, 2019.


Attorney(s) appearing for the Case

Annette Eaderesto , Town Attorney, Farmingville, NY ( John W. Doyle of counsel), for appellant.

Gruenberg Kelly Della, Ronkonkoma, NY ( Zachary M. Beriloff of counsel), for respondent.

Balkin, J.P., Chambers, Austin and LaSalle, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Town of Brookhaven which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiff allegedly was injured when she fell on a sidewalk in the Town of Brookhaven. She subsequently commenced this personal injury action against, among others, the Town. The Town moved, inter alia, for summary...

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