MARTENS v. COUNTY OF SUFFOLK

2012-01563.

100 A.D.3d 839 (2012)

956 N.Y.S.2d 61

2012 NY Slip Op 7965

JENNIFER MARTENS et al., Respondents, v. COUNTY OF SUFFOLK, Appellant, and TOWN OF RIVERHEAD et al., Respondents.

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

November 21, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion of the defendant County of Suffolk for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

The plaintiff Jennifer Martens (hereinafter the injured plaintiff) allegedly sustained personal injuries when she tripped and fell on an uneven and defective sidewalk in front of the "Atlantis Marine World Aquarium,"...

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