Bigit v. Incorporated Village of Freeport

Appellate Division of the Supreme Court of New York

Bigit v. Incorporated Village of Freeport

253 A.D.2d 509, 676 N.Y.S.2d 871, 1998 N.Y. App. Div. LEXIS 9116

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 24, 1998

StatusPublished

This text of 253 A.D.2d 509 (Bigit v. Incorporated Village of Freeport) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bigit v. Incorporated Village of Freeport, 253 A.D.2d 509, 676 N.Y.S.2d 871, 1998 N.Y. App. Div. LEXIS 9116 (N.Y. Ct. App. 1998).

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Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Dunne, J.), dated December 9, 1997, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Since the plaintiff did not challenge the defendant’s allegation that it had not received prior written notice of the defective condition which allegedly caused the plaintiffs injury, the [510]*510Supreme Court should have granted the defendant’s motion and dismissed the complaint (see, CPLR 9804; Village Law § 6-628; Village of Freeport Code of Ordinances § 27-2).

The plaintiffs remaining contention is without merit. Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Dunne, J.), dated December 9, 1997, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Since the plaintiff did not challenge the defendant’s allegation that it had not received prior written notice of the defective condition which allegedly caused the plaintiffs injury, the [510]*510Supreme Court should have granted the defendant’s motion and dismissed the complaint (see, CPLR 9804; Village Law § 6-628; Village of Freeport Code of Ordinances § 27-2).

The plaintiffs remaining contention is without merit. Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

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Bluebook (online)

253 A.D.2d 509, 676 N.Y.S.2d 871, 1998 N.Y. App. Div. LEXIS 9116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bigit-v-incorporated-village-of-freeport-nyappdiv-1998.

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