Goldstein v. Town of Warwick

The defendant contends that the plaintiffs negligent operation of her vehicle was the sole proximate cause of the accident. Although this contention was argued for the first time in the defendant’s reply papers in support of its motion for summary judgment, this Court may address the issue because the plaintiff had the opportunity to respond in surreply (see Matter of Hayden v County of Nassau, 16 AD3d 415 [2005]; Teplitskaya v 3096 Owners Corp., 289 AD2d 477 [2001]; Basile v Grand Union Co., 196 AD2d 836 [1993]). In support of its motion, the Town failed to submit evidence sufficient to…