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FREDETTE v. TOWN OF SOUTHAMPTON

2009-00901

73 A.D.3d 849 (2010)

902 N.Y.S.2d 119

LEE ADAM FREDETTE, Respondent, v. TOWN OF SOUTHAMPTON et al., Defendants, LEWIS LOBEN et al., Appellants, and MICHAEL KANE et al., Respondents.

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

Decided May 11, 2010.

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

The plaintiff alleges that he was riding an off-road motorcycle or "dirtbike" on a trail in a public park owned by the defendant Town of Southampton and was thrown over the handlebars when the dirtbike struck debris at a point in the trail adjacent to property owned by the defendants Lewis Loben and Cynthia Loben (hereinafter together the Loben defendants). At his deposition,

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