Rizzo v. Town of Hempstead

Motion by defendant, County of Nassau, to dismiss the complaint, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, is granted.

On this motion the facts alleged are deemed true. Paragraph 8 of the complaint states 11 that the said occurrence was due to the carelessness and negligence of the defendants in causing, permitting and allowing the said sidewalk to be, become and remain in a broken, cracked, dangerous, defective, raised and elevated condition ’ ’. This is not an allegation of the *975creation of the condition by an affirmative act. Introducing, among many other verbs,…