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CASTIGLIONE v. VILLAGE OF ELLENVILLE

291 A.D.2d 769 (2002)

738 N.Y.S.2d 443

MARY E. CASTIGLIONE et al., Respondents, v. VILLAGE OF ELLENVILLE, Defendant, and LEROY T. BRIGHTON, Appellant.

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

Decided February 28, 2002.

Mugglin, J.

Plaintiff Mary Ellen Castiglione (hereinafter plaintiff) and her husband, derivatively, commenced this action to recover damages for injuries allegedly sustained when she tripped over the exposed street side edge of a sidewalk in front of 27 Market Street in the Village of Ellenville, Ulster County, and fell against a concrete block wall on the opposite side of the sidewalk, fracturing her shoulder. Defendant Leroy T. Brighton (hereinafter defendant) and...

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