BIEHL v. TOWN OF ISLIP


198 A.D.2d 468 (1993)

605 N.Y.S.2d 926

Clifford C. Biehl, an Infant, by His Parent and Natural Guardian, Christina Biehl, Appellant, v. Town of Islip, Respondent

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

November 29, 1993


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action in 1987, alleging that on November 31, 1986, the infant plaintiff fell and injured himself on Johnson Avenue in the Town of Islip (hereinafter the Town). He claimed that the fall was the result of an above-ground metal stake embedded in the grass which was put there by the Town. The Town moved for summary judgment dismissing the complaint, on the ground that it did not receive prior...

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