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NESBITT v. TOWN OF POUGHKEEPSIE

2010-09300

88 A.D.3d 774 (2011)

930 N.Y.S.2d 914

2011 NY Slip Op 7207

EMORY NESBITT et al., Appellants, v. TOWN OF POUGHKEEPSIE, Respondent.

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

Decided October 11, 2011.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. "A landowner has a duty to maintain its premises in a reasonably safe manner" (Capasso v Village of Goshen, 84 A.D.3d 998, 999 [2011] [internal quotation marks omitted]; see Basso v Miller, 40 N.Y.2d 233 [1976]; Russ v Fried,...

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