King v. Incorporated Village of Lynbrook

Motion for summary judgment dismissing the cross complaint of the defendant Incorporated Village of Lynbrook against the defendants Robert Forte, Joan Forte, Ralph Bien and Patricia Bien is granted.

The movants are the owners of property abutting the public sidewalk whereon the plaintiff Margaret King was allegedly injured on May 14,1960. They contend that the cross complaint against them is improper in that if there be any liability by the village to the plaintiff for negligently failing to keep the sidewalk in a reasonably safe condition, the liability will be based upon a finding of active…