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Horan v. Christ Episcopal Church

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 592 (N.Y. App. Div. 1996)

Opinion

May 28, 1996

Appeal from the Supreme Court, Suffolk County (Floyd, J.).


Ordered that the judgment is affirmed, with costs.

By establishing that it never received prior written notice of the allegedly defective sidewalk, the defendant Village of Babylon demonstrated its prima facie entitlement to judgment as a matter of law ( see, Village Law § 6-628; Monteleone v Incorporated Vil. of Floral Park, 143 A.D.2d 647, affd 74 N.Y.2d 917; Mendes v. Whitney-Floral Realty Corp., 216 A.D.2d 540). Contrary to the plaintiffs' contentions, there is no evidence that the Village affirmatively created the defective condition (see, Monteleone v. Incorporated Vil. of Floral Park, supra). Therefore, the court correctly dismissed the complaint insofar as asserted against the defendant Village of Babylon. Balletta, J.P., Miller, Sullivan and Copertino, JJ., concur.


Summaries of

Horan v. Christ Episcopal Church

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 592 (N.Y. App. Div. 1996)
Case details for

Horan v. Christ Episcopal Church

Case Details

Full title:WESLEY HORAN et al., Appellants, v. CHRIST EPISCOPAL CHURCH, Defendant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 28, 1996

Citations

227 A.D.2d 592 (N.Y. App. Div. 1996)
643 N.Y.S.2d 202

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