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CARR v. NORTH HEMPSTEAD

108 Misc.2d 654 (1981)

Kenneth Carr, Plaintiff, v. Town of North Hempstead, Defendant.

Supreme Court, Special Term, Nassau County.

April 27, 1981

Attorney(s) appearing for the Case

Joseph A. Guarino, Town Attorney, for defendant. Philip M. Unger for plaintiff.

GEORGE A. MURPHY, J.

The defendant, Town of North Hempstead, has moved to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7).

Plaintiff seeks to recover damages for personal injuries allegedly sustained as a result of the negligence of the defendant in failing to inspect and prune a tree located in the public way. Plaintiff claims the defendant allowed a nuisance and failed to take reasonable measures to avoid plaintiff's claimed accident...

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