Horan v. Christ Episcopal Church

Appellate Division of the Supreme Court of New York

Horan v. Christ Episcopal Church

227 A.D.2d 592, 643 N.Y.S.2d 202, 1996 N.Y. App. Div. LEXIS 6082

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

DecidedMay 28, 1996

StatusPublished

Cited by3 cases

This text of 227 A.D.2d 592 (Horan v. Christ Episcopal Church) 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

Horan v. Christ Episcopal Church, 227 A.D.2d 592, 643 N.Y.S.2d 202, 1996 N.Y. App. Div. LEXIS 6082 (N.Y. Ct. App. 1996).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Floyd, J.), entered May 10, 1995, which, upon an order granting the motion of the defendant Village of Babylon for summary judgment dismissing the complaint insofar as asserted against it, dismissed the complaint insofar as asserted against it. The plaintiffs’ notice of appeal from the order dated April 5, 1995, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

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 AD2d 647, affd 74 NY2d 917; Mendes v Whitney-Floral Realty Corp., 216 AD2d 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.

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In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Floyd, J.), entered May 10, 1995, which, upon an order granting the motion of the defendant Village of Babylon for summary judgment dismissing the complaint insofar as asserted against it, dismissed the complaint insofar as asserted against it. The plaintiffs’ notice of appeal from the order dated April 5, 1995, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

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 AD2d 647, affd 74 NY2d 917; Mendes v Whitney-Floral Realty Corp., 216 AD2d 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.

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Bluebook (online)

227 A.D.2d 592, 643 N.Y.S.2d 202, 1996 N.Y. App. Div. LEXIS 6082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horan-v-christ-episcopal-church-nyappdiv-1996.

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