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Gillan v. Town of Clarkstown

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 287 (N.Y. App. Div. 1998)

Opinion

June 1, 1998

Appeal from the Supreme Court, Rockland County (Bergerman, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Town of Clarkstown, and the action against the remaining defendants is severed.

It is undisputed that the Town did not, under Town Law § 65-a Town (1) and Town of Clarkstown Code § 188, receive prior written notice of any roadway defect in the area of the subject accident. Thus, it was incumbent upon the plaintiff to submit competent evidence that the Town affirmatively created the defect so as to raise an issue of fact necessitating a trial ( see, Gianna v. Town of Islip, 230 A.D.2d 824; Goldston v. Town of Babylon, 145 A.D.2d 534). Since the plaintiff failed to do so, the Town was entitled to summary judgment.

Rosenblatt, J. P., Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Gillan v. Town of Clarkstown

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 287 (N.Y. App. Div. 1998)
Case details for

Gillan v. Town of Clarkstown

Case Details

Full title:MARTIN J. GILLAN, as Administrator of the Estate of MATTHEW GILLAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1998

Citations

251 A.D.2d 287 (N.Y. App. Div. 1998)
671 N.Y.S.2d 1023

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