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McINTOSH v. VILLAGE OF FREEPORT

2010-11160.

95 A.D.3d 965 (2012)

943 N.Y.S.2d 234

2012 NY Slip Op 3609

ANTOINETTE McINTOSH, an Incapacitated Person, by Her Guardian, ANDREA MARTIN, et al., Appellants, v. VILLAGE OF FREEPORT, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided May 8, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Village of Freeport which was for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff Andrea Martin, as guardian of Antoinette McIntosh, commenced this action to recover damages for personal injuries allegedly sustained by McIntosh in a March 19...

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