MORIARTY v. MINISINK VALLEY CENTRAL SCHOOL DISTRICT


300 A.D.2d 637 (2002)

751 N.Y.S.2d 792

CATHERINE MORIARTY et al., Respondents, v. MINISINK VALLEY CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided December 30, 2002.


Ordered that the order is affirmed, with costs.

On October 28, 1999, at approximately 3:20 P.M., the plaintiff Catherine Moriarty was walking across a grassy field between the driveway and entrance to the Minisink Valley Intermediate School when she stepped in a hole and fell. The hole was 12 inches long and approximately three or four inches deep and contained an empty soda can.

Contrary to the appellant's contention, the Supreme Court properly determined...

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