CUZZO v. TOWN OF HEMPSTEAD


61 A.D.3d 921 (2009)

877 N.Y.S.2d 463

JAMES CUZZO, Appellant, v. TOWN OF HEMPSTEAD et al., Respondents.

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

Decided April 28, 2009.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff allegedly was injured when the motorized scooter he was riding on a roadway near his home struck a depression in the roadway adjacent to a manhole cover, causing him to fall to the ground. While it was dark out when the accident occurred, there was a streetlight nearby and the scooter's light illuminated the roadway.

The defendant Town of Hempstead established...

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