GIARRAFFA v. TOWN OF BABYLON

2010-07872.

84 A.D.3d 1162 (2011)

923 N.Y.S.2d 697

CARLO I. GIARRAFFA, JR., Respondent, v. TOWN OF BABYLON, Appellant.

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

Decided May 24, 2011.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when he stepped into what he described as a dirt-covered sinkhole immediately adjacent to the bulkhead for a slip where his boat was moored in Tanner Park, in the Town of Babylon. The defendant Town moved for summary judgment dismissing the complaint, principally on the ground that it had no prior written notice of the subject defect as required by Code of the Town of Babylon §...

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