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DE ROSSO v. TOWN OF POUGHKEEPSIE

51 A.D.3d 966 (2008)

859 N.Y.S.2d 256

SHARON DE ROSSO et al., Appellants, v. TOWN OF POUGHKEEPSIE, Respondent.

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

Decided May 27, 2008.

Ordered that the order is affirmed, with costs.

While walking her dog in the roadway of Wasson Drive, located in the defendant Town of Poughkeepsie, the plaintiff Sharon De Rosso tripped and fell, allegedly as a result of a 1¼-inch height differential between an asphalt patch and the surrounding roadway. After the plaintiffs commenced the present action and discovery was conducted, the defendant moved for summary judgment dismissing the complaint, inter alia...

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