AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

JAMES CUNNEEN et al., Respondents, v. HICKSVILLE FREE PUBLIC LIBRARY et al., Appellants. (And a Third-Party Action.)

Ordered that the order is reversed insofar as appealed from, on. the law, with one bill of costs, the defendants' respective motions are granted, and the complaint and all cross claims are dismissed.

The injured plaintiff, James Cunneen, tripped and fell on a sidewalk. The defendants' proof in the record consisting of photographs, an expert's opinion, and deposition testimony showing that the sidewalk was constructed in accordance with the architect's specifications, was sufficient to make out a prima facie case that the sidewalk was properly constructed and designed ( see, e.g., Trincere v County of Suffolk, 232 AD2d 400; and Guerrieri v Summa, 193 AD2d 647; cf., Schechtman v Lappin, 161 AD2d 118). The burden, therefore, shifted to the plaintiffs to proffer evidentiary proof showing the existence of a triable issue of fact ( see generally, Alvarez v Prospect Hosp., 68 NY2d 320). The proof offered by the plaintiffs, consisting of the injured plaintiff's conclusory affidavit and portions of his deposition testimony, was insufficient to raise such an issue ( see, Rotuba Extruders v Ceppos, 46 NY2d 223).

Use AI to get other relevant cases.

Comments

CUNNEEN v. HICKSVILLE FREE PUBLIC LIBRARY
(Feb 3, 1997)