VESTAL v. COUNTY OF SUFFOLK


7 A.D.3d 613 (2004)

776 N.Y.S.2d 491

SAMATHA VESTAL ET AL., Respondents, v. COUNTY OF SUFFOLK, Appellant.

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

May 10, 2004.


Ordered that the order is affirmed, with costs.

On October 22, 2000, the infant plaintiff (hereinafter the plaintiff) was riding her bicycle in Coindre Hall Park, which is owned by the defendant County of Suffolk. The plaintiff rode her bicycle down a paved pathway within the park, where the asphalt had deteriorated and which contained potholes. Her bicycle began shaking and she fell. As a result of her fall, she sustained physical injuries. According to the County...

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