LIBRIZZI v. TOWN OF HUNTINGTON


34 A.D.3d 755 (2006)

826 N.Y.S.2d 117

MARGARET LIBRIZZI, Respondent, v. TOWN OF HUNTINGTON, Appellant.

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

Decided November 28, 2006.


Ordered that the order is affirmed, with costs.

In the instant action, the plaintiff seeks to recover damages allegedly sustained when she tripped as her shoe became caught in a pavement indentation on the roadway in front of 6 Denton Court in the Town of Huntington. Denton Court is a one-block street 370 feet long and 33 feet wide.

The Town moved for summary judgment dismissing the action on the ground that it had not received prior written notice of the...

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