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CREUTZBERGER v. COUNTY OF SUFFOLK

2017-07903.

180 A.D.3d 991 (2020)

121 N.Y.S.3d 72

2020 NY Slip Op 01321

John Creutzberger, Respondent, v. County of Suffolk et al., Appellants.

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

Decided February 26, 2020.

Ordered that the interlocutory judgment is reversed, on the law, with costs, that branch of the defendants' motion which was, in effect, pursuant to CPLR 4401 for judgment as a matter of law dismissing so much of the complaint as was predicated upon a theory that the defendants created a dangerous or defective condition through an affirmative act of negligence is granted, and the matter is remitted to the Supreme Court, Suffolk...

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