Sterling v. Town of Hempstead

Full title: JOHN STERLING, Respondent, v. TOWN OF HEMPSTEAD et al, Appellants

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

Date published: Apr 26, 1999

260 A.D.2d 628 (N.Y. App. Div. 1999)

687 N.Y.S.2d 276

Opinion

April 26, 1999

Appeal from the Supreme Court, Nassau County (Franco, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. The defendants failed to establish their entitlement to judgment in their favor as a matter of law, and were not entitled to summary judgment based solely on claimed deficiencies in the plaintiff's proof ( see, Porter v. Uniroyal Goodrich Tire Co., 224 A.D.2d 674).

S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.