Herman v. Town of Clarence

—Order unanimously affirmed without costs. Memorandum: Plaintiffs commenced this action to recover damages for personal injuries sustained by Audrey J. Herman (plaintiff) when she tripped and fell over a railroad tie placed near the edge of a parking lot on property owned by defendant. Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint. Defendant failed to meet its initial burden of establishing as a matter of law that the railroad tie over which plaintiff tripped and fell was not a dangerous or defective condition or that the *1230alleged defect was…