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URBANIAK v. TOWN OF CLAY

237 A.D.2d 875 (1997)

654 N.Y.S.2d 897

John S. Urbaniak et al., as Parents and Natural Guardians of Eric Urbaniak, an Infant, Respondents, v. Town of Clay, Appellant

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

March 14, 1997

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

While riding his bicycle on Turtle Cove Road in the Town of Clay, plaintiffs' son, Eric, heard a noise behind him and turned his bicycle into the gutter in the shoulder of the road. The front tire of the bicycle caught between the longitudinal bars of the sewer grate in the gutter, and Eric flipped over the handlebars and suffered injuries. Plaintiffs,...

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