Legal Opinion

Rodriguez v. Town of Islip

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 2011PublishedCited by 8 opinions

1Opinion of the Court

The defendant County of Suffolk established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not have prior written notice of a defect on a sidewalk that allegedly caused the plaintiff to fall (see Suffolk County Charter § C8-2A; Regan v Town of N. Hempstead, 66 AD3d 863, 864 [2009]; Koehler v Incorporated Vil. of Lindenhurst, 42 AD3d 438 [2007]; Lysohir v County of Suffolk, 10 AD3d 638, 639 [2004]). In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact (see Regan v Town of N. Hempstead, 66 AD3d at 864;…

2Cases cited3 opinions

  1. Koehler v. Incorporated Village of LindenhurstAppellate Division of the Supreme Court of the State of New York · 2007
  2. Lysohir v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Regan v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by8 opinions

  1. Martens v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2012
  2. Dutka v. OdiernoAppellate Division of the Supreme Court of the State of New York · 2016
  3. Estate of Peretz v. Village of Great Neck PlazaAppellate Division of the Supreme Court of the State of New York · 2015
  4. Estate of Peretz v. Village of Great Neck PlazaAppellate Division of the Supreme Court of the State of New York · 2015
  5. Gebhardt v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2019

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