BARR v. INCORPORATED VILLAGE OF ATLANTIC BEACH


278 A.D.2d 188 (2000)

717 N.Y.S.2d 247

JOSEPH BARR, Respondent, v. INCORPORATED VILLAGE OF ATLANTIC BEACH, Respondent, et al., Defendant, and LINDA HOFFMAN, Appellant.

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

Decided December 4, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and cross claims are dismissed insofar as asserted against the defendant Linda Hoffman, and the action against the remaining defendants is severed.

The plaintiff was allegedly injured when the top half of the shaft of an open beach umbrella became dislodged, blew away in the wind, and hit her in the face. The umbrella had been imbedded in the sand by an employee of the...

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