SOMMER v. TOWN OF HEMPSTEAD


271 A.D.2d 434 (2000)

705 N.Y.S.2d 646

HELEN SOMMER, Respondent, v. TOWN OF HEMPSTEAD, Appellant, et al., Defendants.

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

Decided April 3, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiff alleges that she fell and was injured on May 16, 1995, when her left foot got stuck in a defective curb as she attempted to step from the sidewalk to cross Molyneaux Road at its intersection with Caldwell Road...

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