PESCE v. TOWN OF HUNTINGTON


152 A.D.2d 555 (1989)

Frederick Pesce, an Infant, by His Parent and Natural Guardian, William Pesce, et al., Respondents, v. Town of Huntington, Appellant, et al., Defendants

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

July 3, 1989


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed as against the appellant, and the action against the remaining defendants is severed.

The infant plaintiff was injured when he became impaled on a bolt protruding from a piling supporting a dock on an island owned by the defendant United States Dredging Corporation. The injuries occurred more than 30 minutes after the plaintiff and his friends swam to the...

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