GIACOMONTONIO v. INC. VILL. OF VALLEY STREAM


224 A.D.2d 580 (1996)

639 N.Y.S.2d 715

Derek Giacomontonio, an Infant, by His Mother and Natural Guardian, Anna M. Meurer, et al., Respondents, v. Incorporated Village of Valley Stream, Appellant, Valley Stream, Union Free School District # 30, Respondent, et al., Defendants

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

February 20, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint and all cross claims insofar as they are asserted against the Incorporated Village of Valley Stream are dismissed.

The defendant Incorporated Village of Valley Stream (hereinafter the Village) met its initial burden of demonstrating that it lacked actual or constructive notice of an alleged defect located on the Valley Stream Village...

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