Blade v. Town of North Hempstead
Opinion of the Court
—In an action to recover damages for personal injuries, the defendant Town of North Hempstead appeals from so much of an order of the'Supreme Court, Nassau County (Ort, J.), dated September 30, 1999, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
The appellant contends that the Supreme Court erred in
Furthermore, the Supreme Court properly denied summary judgment on the ground that an issue of fact exists as to whether the appellant created the subject sidewalk defect through an affirmative act of negligence (see, Amabile v City of Buffalo, 93 NY2d 471; Kiernan v Thompson, 73 NY2d 840; Mayer v Town of Brookhaven, 266 AD2d 360; O’Toole v County of Sullivan, 255 AD2d 799). Ritter, J. P., Santucci, Krausman and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.