BETZOLD v. TOWN OF BABYLON


18 A.D.3d 787 (2005)

796 N.Y.S.2d 680

MATTHEW BETZOLD et al., Respondents, v. TOWN OF BABYLON, Appellant.

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

May 31, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On May 16, 2000, the infant plaintiff was injured when the front tire of his bicycle hit a pothole located five feet north of his neighbor's driveway entrance at 84 West 12th Street, in Deer Park. The infant plaintiff and his mother commenced this action against the defendant, Town of Babylon, claiming, inter alia, that the Town caused or created the...

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