MATTER OF GIBBS v. D'ANGELO


265 A.D.2d 833 (1999)

695 N.Y.S.2d 833

In the Matter of LEONA GIBBS, Individually and as Mother and Natural Guardian of JUSTIN GIBBS, an Infant, Respondent, v. MICHAEL D'ANGELO et al., Appellants.

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

Decided October 1, 1999.


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

Memorandum:

Supreme Court erred in denying defendants' motions for summary judgment dismissing the complaint. After the Town of Hamlin advised defendant Michael D'Angelo that trash was being dumped on his property, D'Angelo directed his employee, defendant Kenneth Gay, to construct a chain barrier across the road to bar access to the property. The chain was painted...

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