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SOBOTKA v. ZIMMERMAN

48 A.D.3d 1260 (2008)

851 N.Y.S.2d 786

CANDACE SOBOTKA, Respondent, v. PAUL ZIMMERMAN et al., Defendants, and TOWN OF WHEATFIELD et al., Appellants.

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

Decided February 8, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries she sustained when she fell into an unguarded, uncapped drain pipe on property owned by defendants Paul Zimmerman and Elizabeth Zimmerman. Defendant Town of Wheatfield (Town) maintained a right-of-way over that portion of the Zimmermans' property where the uncapped drain pipe was located, and defendant...

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