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RUTTO v. COUNTY OF WESTCHESTER

298 A.D.2d 450 (2002)

748 N.Y.S.2d 172

DOROTHY RUTTO et al., Appellants, v. COUNTY OF WESTCHESTER et al., Respondents.

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

Decided October 15, 2002.

Ordered that the order is affirmed, with costs.

On February 4, 2000, the plaintiff Dorothy Rutto slipped and fell on a patch of ice on a paved walkway leading to the parking lot at Glen Island Park, which is operated by the defendants County of Westchester and Westchester County Department of Parks, Recreation and Conservation (hereinafter the County). The County made a pre-answer motion to dismiss the complaint on the grounds that (1) the notice of claim did not...

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