Horan v. Christ Episcopal Church
Cases that cite this one
3 later published cases cite this decision.
- Gilmore v. Village of Hempstead (Appellate Division of the Supreme Court of New York 2008)
- Butts v. Village of Sag Harbor (Appellate Division of the Supreme Court of New York 1999)
- Criss v. City of Ithaca (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.