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MATTER OF PORTNOV v. CITY OF GLEN COVE

50 A.D.3d 1041 (2008)

856 N.Y.S.2d 655

In the Matter of JOSEPH PORTNOV, Respondent, v. CITY OF GLEN COVE, Appellant.

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

Decided April 22, 2008.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner, while walking in the parking lot of the Glen Cove Yacht Club (hereinafter the Yacht Club) on February 6, 2006, allegedly was injured when he tripped and fell on a dangerous and/or defective portion of the pavement. He commenced a timely action against the Yacht Club in the Supreme Court, Queens County...

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