Paulis v. Town of Brookhaven

Full title: KIMBERLY PAULIS, Respondent, v. TOWN OF BROOKHAVEN, Appellant, and LINDA…

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

Date published: Apr 12, 1999

260 A.D.2d 456 (N.Y. App. Div. 1999)

686 N.Y.S.2d 328

Opinion

April 12, 1999

Appeal from the Supreme Court, Suffolk County (Gerard, J.).

Ordered that the order is affirmed, with costs to the defendant-respondent.

Contrary to the appellant's contentions, the plaintiff established the existence of a factual question as to whether or not the appellant had constructive knowledge of a defective condition (see, DiSanto v. Town of Islip, 212 A.D.2d 500). Thus, summary judgment was properly denied.

In light of this determination, we need not reach the appellant's remaining contentions.

Santucci, J. P., Sullivan, Florio and McGinity, JJ., concur.