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DUCLOS v. COUNTY OF MONROE

258 A.D.2d 925 (1999)

685 N.Y.S.2d 549

AARON DUCLOS, Appellant, v. COUNTY OF MONROE, Defendant, and WILLIAM D. SCHAEFER, Doing Business as SCHAEFER'S GENESEE SAND AND GRAVEL, et al., Respondents.

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

Decided February 10, 1999.

Order unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained on November 4, 1995 at approximately 7:10 P.M., when he fell approximately 100 feet into a gravel pit located on land adjacent to Mendon Ponds Park, a public park operated by defendant County of Monroe. Plaintiff testified at a General Municipal Law § 50-h hearing that, although the sun had set, a full moon enabled him to see...

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