IANNUZZI v. TOWN OF WALLKILL


54 A.D.3d 812 (2008)

864 N.Y.S.2d 470

VICTOR IANNUZZI et al., Appellants, v. TOWN OF WALLKILL, Respondent.

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

September 16, 2008.


Ordered that the order is affirmed, with costs.

While the plaintiff Victor Iannuzzi (hereinafter the injured plaintiff) was walking on an unpaved dirt path in a public park owned by the defendant, he allegedly tripped and fell over the end of an in-ground electrical conduit pipe which protruded approximately one inch above the ground. The injured plaintiff claims that he injured his elbow, knee, back, and shoulder as a result of the fall.

Initially, we note...

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