AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PENELOPE VIGMOSTAD, ET AL., appellants, v. COUNTY OF SUFFOLK, ET AL., respondents.

ORDERED the order and the interlocutory judgment are affirmed, with costs.

The Town of Huntington established, prima facie, that its failure to repaint the "edge line" on Waterside Avenue was not a proximate cause of the plaintiff Penelope Vigmostad's injury. Since the plaintiffs failed to raise a triable issue of fact in opposition thereto, the Supreme Court properly granted the Town's motion for summary judgment and dismissed the complaint insofar as asserted against it (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).

The plaintiffs' cross motion for a unified trial was correctly denied since they did not demonstrate the existence of the limited circumstances under which the issues of liability and damages may be tried together (see CPLR 603; Parmar v. Skinner, 154 A.D.2d 444; Louise B.G. v. New York City Bd. of Education, 143 A.D.2d 728).

FLORIO, J.P., S. MILLER, SCHMIDT and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

VIGMOSTAD v. COUNTY OF SUFFOLK
(Apr 22, 2002)