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MATTER OF NIEVES v. GIRIMONTE

309 A.D.2d 753 (2003)

765 N.Y.S.2d 64

In the Matter of SHANNON NIEVES et al., Respondents, v. FRANK GIRIMONTE et al., Respondents, and SUFFOLK COUNTY WATER AUTHORITY, Appellant.

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

Decided October 6, 2003.

Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, and the application is denied.

On August 22, 2001, the infant petitioner (hereinafter the infant) allegedly sustained injuries when she fell from her bicycle as a result of a hazardous condition located upon the property of the respondents Frank Girimonte and Paul Girimonte. It was later revealed that this condition was an open trench that was excavated for the entire length...

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