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WOLFE v. TOWN OF HEMPSTEAD, DEP'T OF PARKS & RECREATION

75 A.D.2d 811 (1980)

Franklin M. Wolfe et al., Respondents, v. Town of Hempstead, Department of Parks and Recreation, Defendant, and Jerry Tamber et al., Appellants

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

May 5, 1980

Order dated September 21, 1978 reversed, on the law, motion granted and complaint dismissed as against the Tambers. Appeal from the order dated March 2, 1979 dismissed as academic. Appellants are awarded one bill of $50 costs and disbursements.

Plaintiff Franklin M. Wolfe claims to have been injured on July 21, 1975, when struck by a windblown beach umbrella allegedly not properly secured by defendants. On or about September 18, 1976, plaintiffs commenced this action...

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