WATERS v. TOWN OF HEMPSTEAD


166 A.D.2d 584 (1990)

Luanne Waters, as Mother and Natural Guardian of Nicholas Mauriello, an Infant, Respondent, v. Town of Hempstead, Appellant

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

October 15, 1990


Ordered, that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.

The infant plaintiff was injured on July 17, 1983, when he tripped and fell over an obstruction located on park property allegedly owned and operated by the defendant Town of Hempstead. Although the complaint identified the obstruction in question as an "iron sign post", subsequent pretrial discovery led to the identification...

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