PAGANO v. TOWN OF SMITHTOWN

2009-07557.

74 A.D.3d 1304 (2010)

904 N.Y.S.2d 729

ANGELA PAGANO et al., Respondents, v. TOWN OF SMITHTOWN, Appellant, et al., Defendants.

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

Decided June 29, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Town of Smithtown which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

The complaint alleges that the infant plaintiff was riding her bicycle on the sidewalk of her neighborhood when her bicycle came into contact with a defect in the sidewalk. As a result, she fell off her bicycle and sustained...

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