KITCHEN v. INC. VILL. OF FREEPORT


223 A.D.2d 531 (1996)

636 N.Y.S.2d 124

Brian Kitchen et al., Respondents, v. Incorporated Village of Freeport, Appellant

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

January 8, 1996


Ordered that the order is modified by deleting the provision thereof which granted the branch of the plaintiffs' motion which was to strike the defendant's seventh affirmative defense and that branch of the plaintiffs' motion is denied; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant.

On March 17, 1992, while walking on a sidewalk in the Village of Freeport, the infant plaintiff sustained injuries from a fence which protruded...

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