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Corvino v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 572 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Westchester County (Fredman, J.).


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

In its papers in support of its motion for summary judgment, the defendant submitted a transcript of the plaintiff's testimony at a hearing pursuant to General Municipal Law § 50-h, wherein the plaintiff demonstrated some confusion attributable to the fact that English was not her native language. Nevertheless, she testified that she caught the toe of one of her sneakers in a crack on the sidewalk, tripped, and "went down". The defendant's Commissioner of Public Works also submitted an affidavit, stating he could find no prior written notice of the defect in compliance with New Rochelle City Charter, Article XII, § 127A (Local Laws, 1985, No. 4 of City of New Rochelle). However, annexed to the defendant's motion papers was a written "log entry" listing a defect where the accident occurred. No further explanation of the origin of the "log entry" was provided.

In opposition, the plaintiff submitted an affidavit reiterating her testimony that she tripped on a crack in the sidewalk, a photograph of the crack, and a copy of the "log entry" which the plaintiff stated was maintained by the Commissioner of Public Works of the City of New Rochelle. The defendant, in reply, made no effort to refute those allegations or explain the source of the "log entry". Thus, issues of fact have been raised which preclude the granting of summary judgment. Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Corvino v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 572 (N.Y. App. Div. 1996)
Case details for

Corvino v. City of New Rochelle

Case Details

Full title:BEATRICE CORVINO, Appellant, v. CITY OF NEW ROCHELLE, Respondent

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

Date published: Feb 20, 1996

Citations

224 A.D.2d 572 (N.Y. App. Div. 1996)
638 N.Y.S.2d 691