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BEHR v. COUNTY OF NASSAU

2014-02099, Index No. 9553/10.

124 A.D.3d 708 (2015)

DESIREE BEHR et al., Respondents, v. COUNTY OF NASSAU, Appellant, and TOWN OF HEMPSTEAD, Respondent. (And a Third-Party Action.)

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

Decided January 21, 2015.

Ordered that the order is affirmed, with costs.

The injured plaintiff, a music teacher, was directing a school marching band during a parade that took place on a public street in the County of Nassau. While directing the band, the injured plaintiff, who was required to walk backwards, allegedly fell due to a defect in the roadway and was injured. The plaintiffs commenced this action, inter alia, to recover damages for personal injuries. The County of Nassau moved...

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