Augustine v. Town of Islip
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated October 6, 2005, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant established its entitlement to judgment as a matter of law by submitting evidence demonstrating that it had no prior written notice of the roadway defect that allegedly caused the infant plaintiffs accident (see Town Law §…
2Cases cited7 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Lopez v. G&J Rudolph Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Cendales v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Filaski-Fitzgerald v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2005
- Capobianco v. MariAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by5 opinions
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- Politis v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 2011
- Bittner v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 2009
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