BUTLER v. TOWN OF SMITHTOWN


293 A.D.2d 696 (2002)

742 N.Y.S.2d 324

TROY BUTLER, Respondent, v. TOWN OF SMITHTOWN, Appellant.

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

Decided April 29, 2002.


Ordered that the appeal from the order dated October 26, 2000, is dismissed, as that order was superseded by the order dated January 2, 2001; and it is further,

Ordered that the order dated January 2, 2001, is affirmed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The plaintiff alleged that he was injured on March 20, 1999, when he tripped and fell over a two- to three-inch height differential between old and new pavement...

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