ACHKHANIAN v. TOWN OF OYSTER BAY


262 A.D.2d 510 (1999)

692 N.Y.S.2d 424

CHARLES ACHKHANIAN et al., Respondents, v. TOWN OF OYSTER BAY, Appellant, and ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE, Respondent.

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

Decided June 21, 1999.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff Charles Achkhanian broke his leg after he allegedly stepped into a pothole. In their complaint, the plaintiffs alleged that the defective condition was located on the street, which the defendant Town of Oyster Bay (hereinafter the Town) was obligated to maintain, and, in the alternative, that the defective condition was located on the driveway of Holy Trinity High School...

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