Appellate Division of the Supreme Court of New York, 1987

McCabe v. County of Monroe

McCabe v. County of Monroe
Appellate Division of the Supreme Court of New York · Decided September 30, 1987
133 A.D.2d 539
McCabe v. County of Monroe

Opinion of the Court

— Order unanimously reversed on the law without costs and defendant County of Monroe’s motion granted. Memorandum: On respective motions for summary judgment, each defendant established the absence of any duty owed by it to plaintiff in relation to the accident alleged in the amended complaint. Plaintiff made no demonstration to the contrary and thus Special Term erred in denying the motion of each defendant for summary judgment. (Appeal from order of Supreme Court, Monroe County, Bergin, J. — summary judgment.) Present— Dillon, P. J., Denman, Balio, Lawton and Davis, JJ.

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