Taylor v. County of Monroe

Order and judgment unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiff was injured when he tripped over a metal sign sleeve protruding from a sidewalk in the City of Rochester. Defendant had installed the sign sleeve along with a "no parking” sign five years before plaintiff’s accident, and the sign had been removed in the interim.

Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. As the moving party, defendant was obligated to submit proof in admissible form sufficient to demonstrate that…