Khaghan v. Rye Town Park Commission

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), dated April 1, 2003, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant sustained its initial burden of demonstrating its entitlement to judgment as a matter of law by submitting evidence establishing that it never received prior written notice of the defect in the…