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MATTER OF LEVIN v. COUNTY OF WESTCHESTER

2010-10063

91 A.D.3d 646 (2012)

936 N.Y.S.2d 269

2012 NY Slip Op 209

In the Matter of LEANNE LEVIN et al., Appellants, v. COUNTY OF WESTCHESTER, Respondent.

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

Decided January 10, 2012.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is granted, and the notice of claim is deemed served on the respondent.

On September 1, 2009, the petitioner Leanne Levin (hereinafter Levin) was allegedly injured while stepping off a ride at the Rye Playland amusement park, which is owned and operated by the County of Westchester. According to Levin, because the...

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