Fusco v. City of Rome

Appellate Division of the Supreme Court of New York

Fusco v. City of Rome

236 A.D.2d 869, 653 N.Y.S.2d 891, 1997 N.Y. App. Div. LEXIS 1812

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 1997·Published·Cited by 1 cases

Opinion

—Order unanimously affirmed without costs. Memorandum: In support of its motion for summary judgment, defendant submitted proof in evidentiary form that it had not received notice of the dangerous or defective condition that caused plaintiffs injury. Plaintiffs submissions in opposition to [870] the motion failed, to raise a question of fact on that issue and failed to include proof in evidentiary form that defendant’s affirmative acts of negligence created the dangerous or defective condition (see, Zigman v Town of Hempstead, 120 AD2d 520, 521). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J.—Summary Judgment.) Present—Denman, P. J., Green, Pine, Balio and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: In support of its motion for summary judgment, defendant submitted proof in evidentiary form that it had not received notice of the dangerous or defective condition that caused plaintiffs injury. Plaintiffs submissions in opposition to [870] the motion failed, to raise a question of fact on that issue and failed to include proof in evidentiary form that defendant’s affirmative acts of negligence created the dangerous or defective condition (see, Zigman v Town of Hempstead, 120 AD2d 520, 521). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J.—Summary Judgment.) Present—Denman, P. J., Green, Pine, Balio and Boehm, JJ.

Fusco v. City of Rome, 236 A.D.2d 869, 653 N.Y.S.2d 891, 1997 N.Y. App. Div. LEXIS 1812 (N.Y. Ct. App. 1997).

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