Davis v. County of Yates ( 1992 )

Order unanimously affirmed with costs. Memorandum: The court properly denied defendant’s motion for summary judgment. Defendant failed to meet its burden of showing that plaintiff has no cause of action because it failed to submit proof in evidentiary form that the drainage pipe was properly installed and maintained. (Appeal from Order of Supreme Court, Yates County, Falvey, J. — Summary Judgment.) Present — Denman, P. J., Callahan, Boomer, Balio and Davis, JJ.