DIORIO v. TOWN OF ISLIP


196 A.D.2d 477 (1993)

601 N.Y.S.2d 23

Veronica Diorio et al., Respondents, v. Town of Islip, Appellant, et al., Defendant

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

August 2, 1993


Ordered that the order is reversed, on the law, with costs, the motion by the defendant Town of Islip for summary judgment dismissing the complaint insofar as it is asserted against it and any cross claims against it is granted, and the action against the remaining defendant is severed.

The plaintiff Veronica Diorio allegedly tripped and fell over a portion of the sidewalk located in front of a specific address that had been raised by the roots of a nearby tree. After...

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