DEGIACOMO JR. v. WESTCHESTER COUNTY HEALTHCARE CORPORATION


295 A.D.2d 395 (2002)

743 N.Y.S.2d 548

PAUL DEGIACOMO, JR., et al., Appellants, v. WESTCHESTER COUNTY HEALTHCARE CORPORATION et al., Respondents.

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

Decided June 10, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiffs commenced the instant action after the infant plaintiff, Paul DeGiacomo, Jr., was injured when he tripped and fell on a dirt hole on the grounds of the defendant Westchester County Healthcare Corporation, which were maintained by the defendant County of Westchester. The Supreme Court granted the defendants' motion for summary judgment dismissing...

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