SMITH v. COUNTY OF NASSAU


232 A.D.2d 474 (1996)

648 N.Y.S.2d 343

William J. Smith, an Infant, by His Parent and Natural Guardian, Rosemarie Smith, et al., Respondents, v. County of Nassau, Defendant, and Town of Hempstead, Appellant

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

October 15, 1996


Ordered that the order is reversed, on the law, with costs, the appellant's motion is granted, the complaint insofar as asserted against the appellant is dismissed, and the action against the remaining defendant is severed.

The infant plaintiff was allegedly injured when he and his companions pried open a manhole cover in their attempt to retrieve a ball that had fallen into a catch basin and the cover fell on the infant plaintiff's foot. The plaintiffs sought to...

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