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SAGGIO v. TOWN OF ISLIP

2009-09125.

78 A.D.3d 922 (2010)

910 N.Y.S.2d 665

RICHARD SAGGIO et al., Appellants, v. TOWN OF ISLIP et al., Defendants, and LONG ISLAND BUSINESS AND TECHNOLOGY CENTER, Respondent.

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

Decided November 16, 2010.

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

The injured plaintiff allegedly fell after his right shoelace became caught in a wire protruding from the bottom of a fence which was owned by the defendant Long Island Business and Technology Center (hereinafter the defendant). The fence was located on a grassy ground and abutted crowded ball fields that the injured plaintiff was attempting to exit. The defendant established its entitlement...

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