MOXEY v. COUNTY OF WESTCHESTER


63 A.D.3d 1124 (2009)

HELENE MOXEY, Respondent, v. COUNTY OF WESTCHESTER, Appellant.

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

Decided June 30, 2009.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff allegedly sustained personal injuries when she drove her car over a large tree limb which had fallen onto the northbound roadway of the Bronx River Parkway, in the vicinity of the Ardsley Road overpass, on the afternoon of September 8, 2004, a day marked by heavy...

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