Curry v. County of Erie

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant Town of Concord (Town) for summary judgment dismissing the complaint against it. The proof submitted by plaintiff raises triable issues of fact with regard to her allegation that the Town was negligent in creating the hazardous accumulation of water that caused her accident. We reject the contention of the Town that the affidavit submitted by the owner of property adjacent to the accident site contains inadmissible opinion because he was not qualified as an expert. A review of the…