Paulis v. Town of Brookhaven

Appellate Division of the Supreme Court of New York

Paulis v. Town of Brookhaven

260 A.D.2d 456, 686 N.Y.S.2d 328, 1999 N.Y. App. Div. LEXIS 3834

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

DecidedApril 12, 1999

StatusPublished

This text of 260 A.D.2d 456 (Paulis v. Town of Brookhaven) 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

Paulis v. Town of Brookhaven, 260 A.D.2d 456, 686 N.Y.S.2d 328, 1999 N.Y. App. Div. LEXIS 3834 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action to recover damages for personal injuries, the defendant Town of Brookhaven appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated March 27, 1998, which denied its motion for summary judgment dismissing the complaint and a cross claim insofar as they were asserted against it.

Ordered that the order is affirmed, with costs to the defendant-respondent.

Contrary to the appellant’s contentions, the plaintiff established the existence of a factual question as to whether or not the appellant had constructive knowledge of a defective condition (see, DiSanto v Town of Islip, 212 AD2d 500). Thus, summary judgment was properly denied.

[457]*457In light of this determination, we need not reach the appellant’s remaining contentions. Santucci, J. P., Sullivan, Florio and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries, the defendant Town of Brookhaven appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated March 27, 1998, which denied its motion for summary judgment dismissing the complaint and a cross claim insofar as they were asserted against it.

Ordered that the order is affirmed, with costs to the defendant-respondent.

Contrary to the appellant’s contentions, the plaintiff established the existence of a factual question as to whether or not the appellant had constructive knowledge of a defective condition (see, DiSanto v Town of Islip, 212 AD2d 500). Thus, summary judgment was properly denied.

[457]*457In light of this determination, we need not reach the appellant’s remaining contentions. Santucci, J. P., Sullivan, Florio and McGinity, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

260 A.D.2d 456, 686 N.Y.S.2d 328, 1999 N.Y. App. Div. LEXIS 3834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paulis-v-town-of-brookhaven-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack