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FANCETT v. CITY OF SYRACUSE

410 CA 16-01611.

148 A.D.3d 1803 (2017)

2017 NY Slip Op 02572

49 N.Y.S.3d 336

LINZY FANCETT, an Infant, by and Through Her Mother and Natural Guardian, SUSAN KUHN, et al., Respondents, v. CITY OF SYRACUSE, Appellant.

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

Decided March 31, 2017.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking to recover damages for injuries allegedly sustained by the infant plaintiff when her foot went through a gap between two sections of a steel grate covering a debris basin. Defendant moved for summary judgment dismissing the complaint on the ground that the grate and debris basin were part of a culvert on a City street, and...

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