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LOMNITZ v. TOWN OF WOODBURY

81 A.D.2d 828 (1981)

Zachary Lomnitz, an Infant, by His Mother and Natural Guardian, Frances L. Lomnitz et al., Respondents, v. Town of Woodbury, Appellant, and Wick Properties, Inc., Respondent

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

May 4, 1981

Order reversed insofar as appealed from, without costs or disbursements, and motion granted.

Zachary Lomnitz (hereafter plaintiff) was injured on August 15, 1976 in the Town of Woodbury when he and his bicycle ended up in an open drainage ditch that runs parallel to Schunnemunk Road. According to his examination before trial, plaintiff was returning to the bungalow colony where he and his family were staying for the summer. Plaintiff was 11 years old at the time....

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