DOHERTY v. TOWN OF CLARKSTOWN


233 A.D.2d 477 (1996)

650 N.Y.S.2d 31

Michael H. Doherty et al., Respondents, v. Town of Clarkstown, Appellant

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

November 25, 1996


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion to strike the defendant's fourth affirmative defense is denied, and the defendant's cross motion for summary judgment dismissing the complaint is granted.

The complaint alleged that as a result of the negligence of the defendant (hereinafter the Town), the injured plaintiff was caused to slip and fall on ice in a commuter parking lot owned by the Town.

Town Code § 188-1...

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