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MOGIL v. TOWN OF HEMPSTEAD

152 A.D.2d 687 (1989)

Matthew S. Mogil, an Infant, by His Mother and Natural Guardian, Terry C. Mogil, et al., Appellants, v. Town of Hempstead, Respondent

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

July 24, 1989

Ordered that the orders are affirmed, with one bill of costs.

The infant plaintiff broke his leg when he fell allegedly as the result of a depression located in a paved area of one of the defendant's parks. In support of its motion for summary judgment the defendant submitted the affidavits of a Deputy Town Clerk and the Commissioner of Parks of the Town of Hempstead indicating that a search of the defendant's records revealed...

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