FORNUTO v. COUNTY OF NASSAU

2015-09601, Index No. 10495/10.

149 A.D.3d 910 (2017)

2017 NY Slip Op 02969

52 N.Y.S.3d 435

PAUL FORNUTO et al., Respondents, v. COUNTY OF NASSAU et al., Appellants, et al., Defendant.

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

Decided April 19, 2017.


Ordered that the order is affirmed, with costs.

The plaintiff Paul Fornuto allegedly was injured in April 2009 when, while he was riding his bicycle in Eisenhower Memorial Park, the wheels lost traction on loose pebbles on a section of a paved trail that had recently been repaired. Seeking to recover damages for his injuries, Fornuto, and his wife suing derivatively, commenced this action against, among others, the County of Nassau, Nassau County Department of Recreation...

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