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KLEINER v. TOWN OF BABYLON

133 A.D.2d 612 (1987)

Esther Kleiner et al., Appellants, v. Town of Babylon, Defendant, and Oak Beach Inn, Respondent

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

October 5, 1987

Ordered that the order is reversed insofar as appealed from, with costs, and the respondent's cross motion for summary judgment is denied.

The plaintiff Esther Kleiner sustained serious injuries when her foot became caught in a crack in a cement walkway causing her to fall down four steps onto a cement landing leased by the defendant Oak Beach Inn. A search of the record indicates that there are triable issues of fact with...

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