GIAQUINTO v. TOWN OF HEMPSTEAD

2012-03693.

106 A.D.3d 1049 (2013)

968 N.Y.S.2d 506

2013 NY Slip Op 3814

LEANNA GIAQUINTO, Respondent, v. TOWN OF HEMPSTEAD, Appellant.

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

Decided May 29, 2013.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured on July 31, 2007, when she stepped on a catch basin cover on a sidewalk near her home. The cover dislodged, and the plaintiff fell into the catch basin. She commenced this action, alleging, inter alia, that the defendant, the Town of Hempstead, created the defect by installing an inadequate cover, or a cover of the wrong size, on the catch basin. The Town moved for summary judgment...

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