[Download] "Joseph R. Ciesinski v. Town Aurora" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Joseph R. Ciesinski v. Town Aurora
- Author : Supreme Court of New York
- Release Date : January 11, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motions for summary judgment of defendants,
County of Erie, Buffalo and Erie County Public Library and Town of Aurora and of third-party defendant Aurora Town Public
Library (defendants) dismissing the complaint. Defendants have not pursued in their briefs the issue raised in their motion
papers in Supreme Court that they were entitled to summary judgment because plaintiff failed to offer proof of negligent application
of wax or negligent refinishing of the floors. We, therefore, deem that issue abandoned (see, First Natl. Bank of Amenia v
Mountain Food Enters., 150 A.D.2d 900, 901; Lamphear v State of New York, 91 A.D.2d 791). Additionally, Supreme Court properly rejected the contention of the County of Erie and the Erie County Public Library that
they were entitled to summary judgment on the ground that they did not have actual or constructive notice of the alleged dangerous
or defective condition because they failed, in the first instance, to establish that they did not create that condition (see
generally, Eddy v Tops Friendly Mkts., 91 A.D.2d 1203, affd 59 N.Y.2d 692).