Legal Opinion
Brosnan v. Town of New Windsor
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 2008PublishedCited by 1 opinion
1Opinion of the Court
The plaintiff tripped and fell over a drainage hole after arriving at the appellants’ property located at 105 Erie Avenue in New Windsor, where she was to examine a car that the appellants were selling.
The defendant Town of New Windsor established its prima facie entitlement to judgment as a matter of law dismissing all cross claims asserted against it by submitting the affidavit of the Town Clerk attesting that the Town did not own, control, manage, or maintain the subject drainage hole (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Nappi v Incorporated Vil. of Lynbrook,…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Nappi v. Inc. Village of LynbrookAppellate Division of the Supreme Court of the State of New York · 2005
- Weinberg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Colao v. MillsAppellate Division of the Supreme Court of the State of New York · 2004
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Carrion v. 350-52 S. Fourth St. Hous. Dev. Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2022