Summary
In Evans v. Erie Co., 66 Pa. 222, at 228, it was said "That the statute of limitations runs against a county or other municipal corporation, we think, cannot be doubted.
Summary of this case from Valley Dep. and Tr. Co. of Belle VernonOpinion
April 28, 1995
Appeal from the Supreme Court, Erie County, Cosgrove, J.
Present — Green, J.P., Lawton, Wesley, Doerr and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the motion of defendant Town of Tonawanda (Town) for summary judgment. The Town, as owner of the ramp where plaintiff was injured, failed to submit proof in admissible form to demonstrate that it was not responsible for the alleged defective design of the ramp (see, Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559, 569; McGowan v Villa Maria Coll., 185 A.D.2d 674, 675). The court also properly denied the Town's alternative request for partial summary judgment under CPLR article 16, wherein the Town asserted that it is not liable for any non-economic loss attributable to the Tonawanda Library System, provided the Town's liability is 50% or less. That determination must await a jury verdict.
The court erred, however, in denying the motion of defendant County of Erie (County) for summary judgment dismissing the complaint against it. We have held that the Buffalo and Erie County Public Library is not a department of the County of Erie, but is a distinct and separate corporation (see, Buffalo Erie County Pub. Lib. v County of Erie, 171 A.D.2d 369, 372, affd 80 N.Y.2d 938). The conclusory statement of plaintiff's counsel that the County must have approved the alleged defective design of the ramp is unsupported by any evidence in the record, and is not sufficient to raise a triable issue of fact (see, Krieger v Krieger, 192 A.D.2d 1076, 1077).