MASCARO v. STATE OF NEW YORK


46 A.D.2d 941 (1974)

Mary Mascaro et al., Respondents, v. State of New York, Appellant. (Claim No. 52834.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 18, 1974


The claimant, Mary Mascaro, fell while walking across a sidewalk curb and out into the pavement of a State highway in the Village of Babylon, Suffolk County. The fall did not occur at a crosswalk but near a mail box located on the south side of Main Street some distance west of the intersection of Fire Island Avenue. The back of the mail box was quite close to the curb and the front faced south. Claimant testified that this portion of the curb, which she said she crossed...

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