GUIDONE v. TOWN OF HEMPSTEAD

2011-00684.

94 A.D.3d 1054 (2012)

942 N.Y.S.2d 632

2012 NY Slip Op 3141

JOSEPH GUIDONE et al., Appellants, v. TOWN OF HEMPSTEAD et al., Respondents.

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

Decided April 24, 2012.


ORDERED that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The injured plaintiff allegedly fell when his left foot went into a crack or slot in the grassy area between the curb and the sidewalk abutting his property. Pursuant to its contract with the defendant Town of Hempstead, the defendant Welsbach Electric Corp. performed some work in the area prior to the accident. As a result...

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