Evans v. County of Erie

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the motion of defendant Town of Tonawanda (Town) for summary judgment. The Town, as owner of the ramp where plaintiff was injured, failed to submit proof in admissible form to demonstrate that it was not responsible for the alleged defective design of the ramp (see, Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559, 569; McGowan v Villa Maria Coll., 185 AD2d 674, 675). The court also properly denied the Town’s alternative request for…