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LONG v. TOWN OF SOUTHOLD

2010-11859.

96 A.D.3d 808 (2012)

946 N.Y.S.2d 594

2012 NY Slip Op 4720

KATHLEEN LONG, Respondent, v. TOWN OF SOUTHOLD, Respondent, and FOUNDERS VILLAGE HOMEOWNERS ASSOCIATION, INC., Appellant.

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

June 13, 2012.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell over a defect in the sidewalk abutting premises owned by the defendant Founders Village Homeowners Association, Inc. (hereinafter Founders), located in the Town of Southold. The plaintiff thereafter commenced this action against the Town of Southold and Founders. Founders moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, contending...

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