From Casetext: Smarter Legal Research

Kramer v. Town of Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 2001
284 A.D.2d 503 (N.Y. App. Div. 2001)

Opinion

Submitted February 21, 2001.

June 25, 2001.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated July 10, 2000, which denied its motion for summary judgment dismissing the complaint.

Joseph J. Ra, Town Attorney, Hempstead, N.Y. (Mary Elizabeth Mahon of counsel), for appellant.

Garil Meyerson, Franklin Square, N.Y. (Brian J. Meyerson of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


ORDERED that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for injuries she allegedly sustained when she fell in a parking lot owned by the defendant Town of Hempstead. The Supreme Court properly denied the Town's motion for summary judgment since it failed to make a prima facie showing that it did not receive notice of the defective condition (see, Town of Hempstead Code §§ 6-1, 6-2; LaRosa v. Town of Hempstead, 237 A.D.2d 579). Furthermore, the plaintiff's submissions raised a triable issue of fact as to whether the alleged defect was caused by the Town's affirmative negligence, which would obviate the need for prior written notice (see, Monteleone v. Incorporated Vil. of Floral Park, 143 A.D.2d 647, affd 74 N.Y.2d 917; Green v. City of New York, 138 A.D.2d 676).

SANTUCCI, J.P., ALTMAN, LUCIANO and H. MILLER, JJ., concur.


Summaries of

Kramer v. Town of Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 2001
284 A.D.2d 503 (N.Y. App. Div. 2001)
Case details for

Kramer v. Town of Hempstead

Case Details

Full title:NANCY KRAMER, respondent, v. TOWN OF HEMPSTEAD, appellant

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

Date published: Jun 25, 2001

Citations

284 A.D.2d 503 (N.Y. App. Div. 2001)
727 N.Y.S.2d 318

Citing Cases

Reiser v. Incorpor. Vil. of Rockville Ctr.

In support of its motion for summary judgment, the Village relied upon the deposition testimony of its Deputy…

Pisiak v. City of New York

There is no record that the hot patch of the area was ever done, and consequently, the repair to the blacktop…