CAPASSO v. VILLAGE OF GOSHEN

No. 108531/2010.

84 A.D.3d 998 (2011)

922 N.Y.S.2d 567

TANYA CAPASSO et al., Appellants, v. VILLAGE OF GOSHEN et al., Respondents. (And a Third-Party Action.)

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

Decided May 17, 2011.


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

On November 23, 2006, the plaintiff Tanya Capasso (hereinafter the plaintiff) exited from the passenger side of her car in front of her aunt's house on Murray Avenue in the Village of Goshen. After taking a few steps and while looking straight ahead, the plaintiff fell from the edge of the newly paved curb onto the adjoining lawn and allegedly sustained injuries...

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