Quiroz v. Inc. Village of Cedahurst

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated February 1, 2006, 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 Incorporated Village of Cedarhurst established its entitlement to judgment as a matter of law by submitting evidence that it never received prior written notice of the defect in the walkway that allegedly caused the plaintiff Armando…