Contini v. Clark

Appellate Division of the Supreme Court of New York

Contini v. Clark

210 A.D.2d 730, 621 N.Y.S.2d 926, 1994 N.Y. App. Div. LEXIS 12742

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

DecidedDecember 15, 1994

StatusPublished

This text of 210 A.D.2d 730 (Contini v. Clark) 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

Contini v. Clark, 210 A.D.2d 730, 621 N.Y.S.2d 926, 1994 N.Y. App. Div. LEXIS 12742 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from an order of the Supreme Court (Cobb, J.), entered December 3, 1993 in Ulster County, which denied defendant Town of Ulster’s motion for summary judgment dismissing the complaint against it.

Supreme Court properly denied defendant Town of Ulster’s motion for summary judgment dismissing the complaint against it. A review of the record reveals that the Town failed to make a showing sufficient to establish, prima facie, an entitlement to judgment as a matter of law. As the court noted, the papers in support of the motion were conclusory with respect to the ownership and maintenance of the area at issue. In addition, although it contended that it had not received prior notice of a defective or dangerous condition, the Town failed to submit sufficient evidence in support of this assertion.

Cardona, P. J., Mikoll, Mercure, Casey and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, with one bill of costs.

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—Appeal from an order of the Supreme Court (Cobb, J.), entered December 3, 1993 in Ulster County, which denied defendant Town of Ulster’s motion for summary judgment dismissing the complaint against it.

Supreme Court properly denied defendant Town of Ulster’s motion for summary judgment dismissing the complaint against it. A review of the record reveals that the Town failed to make a showing sufficient to establish, prima facie, an entitlement to judgment as a matter of law. As the court noted, the papers in support of the motion were conclusory with respect to the ownership and maintenance of the area at issue. In addition, although it contended that it had not received prior notice of a defective or dangerous condition, the Town failed to submit sufficient evidence in support of this assertion.

Cardona, P. J., Mikoll, Mercure, Casey and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, with one bill of costs.

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Bluebook (online)

210 A.D.2d 730, 621 N.Y.S.2d 926, 1994 N.Y. App. Div. LEXIS 12742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/contini-v-clark-nyappdiv-1994.