HOLLAND-SMITH v. EDWARDS

514198.

100 A.D.3d 1071 (2012)

953 N.Y.S.2d 710

2012 NY Slip Op 7244

MELINDA HOLLAND-SMITH et al., Appellants, v. DENNIS L. EDWARDS et al., Doing Business as JUMBO'S DINETTE, Respondents, et al., Defendants.

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

November 1, 2012.


Lahtinen, J.

Plaintiff Melinda Holland-Smith (hereinafter plaintiff) and her husband, derivatively, commenced this action seeking damages for injuries allegedly sustained by plaintiff when she stepped in a pothole in an alley located between Clinton Street and a municipal parking lot in the Village of Gouverneur, St. Lawrence County. The alley was used primarily for deliveries to the back of businesses, and vehicle traffic was not permitted to pass through the alley...

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