Berlowitz v. Town of Brighton

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant, the Town of Brighton (Town), for summary judgment dismissing the complaint. Myra N. Berlowitz (plaintiff) sustained injuries on October 11,1995, when she fell on a cracked sidewalk in front of 203 Esplanade Drive in the Town of Brighton. Plaintiffs concede that the Town sustained its burden of demonstrating that it had not received prior written notice of the defect as required by Town Law § 65-a (2) and Brighton Town Code § 166-1. Plaintiffs failed to submit proof in evidentiary form…