ELARDO v. TOWN OF OYSTER BAY


176 A.D.2d 912 (1991)

Peter Elardo et al., Respondents, v. Town of Oyster Bay, Appellant, et al., Defendants

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

October 28, 1991


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the complaint is dismissed; and it is further,

Ordered that the appeal from the order is dismissed, without costs or disbursements, as academic, in light of our determination on the appeal from the judgment.

The trial record reveals that the infant plaintiff Peter Elardo sustained personal injuries when he was struck in the eye by a piece of plexiglass which had been thrown...

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