MARTIN v. BROOKS


270 A.D.2d 538 (2000)

703 N.Y.S.2d 823

SUSAN MARTIN et al., Appellants, v. TOM BROOKS, Respondent, et al., Defendants.

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

Decided March 2, 2000.


Mercure, J.

Plaintiffs commenced this action in June 1996 seeking to recover for injuries sustained by plaintiff Susan Martin (hereinafter plaintiff) when she fell on a roadway in a trailer park. Plaintiffs' claim of liability against defendant Tom Brooks (hereinafter defendant) is based upon his alleged negligent maintenance of the roadway. Together with his August 1996 answer, defendant served a notice for discovery and a demand for a bill of particulars. Despite...

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