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PICCOLO v. TOWN OF OYSTER BAY, DEPARTMENT OF PARKS

260 A.D.2d 606 (1999)

688 N.Y.S.2d 670

JAMES LO PICCOLO, Respondent, v. TOWN OF OYSTER BAY, DEPARTMENT OF PARKS, Appellant.

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

Decided April 26, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was injured while ice skating at a Town of Oyster Bay skating rink. The plaintiff alleged that the ice was not maintained in proper condition. However, the plaintiff's own testimony at a pretrial hearing indicated that he had actual knowledge of defects in the surface of the ice and nevertheless...

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