Shapiro v. Tides Inn Realty Corp.

—In an action to recover damages for personal injuries, etc., the third-party defendant Village of Freeport appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated January 15, 1991, which denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed, on the law, with costs, and the third-party complaint is dismissed.

The third-party defendant Village of Freeport (hereinafter Freeport) presented unrebutted proof that it never had been given prior notice of any defect in the sidewalk upon which the injured plaintiff was…