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MONTELEONE v. INC. VILL. OF FLORAL PARK

143 A.D.2d 647 (1988)

Thomas J. Monteleone, Individually and as Father and Natural Guardian of Thomas C. Monteleone, an Infant, Respondent, v. Incorporated Village of Floral Park, Appellant, et al., Defendants

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

October 3, 1988

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed as against the defendant Village of Floral Park.

The plaintiffs seek damages for injuries sustained by the infant plaintiff when his cousin brushed aside, and then released, a low-hanging tree branch which snapped back and struck the infant plaintiff in the eye as...

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