SALONE v. TOWN OF HEMPSTEAD

2011-00781.

91 A.D.3d 746 (2012)

937 N.Y.S.2d 103

2012 NY Slip Op 352

WILLIAM SALONE et al., Respondents, v. TOWN OF HEMPSTEAD, Appellant.

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

Decided January 17, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiffs alleged that the infant plaintiff was injured by three unidentified youths who attacked him during the course of a pick-up game of basketball in a park owned and maintained by the defendant, Town of Hempstead. The infant plaintiff, by his mother, and his mother, suing derivatively, commenced this action alleging...

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