MAGGIO v. TOWN OF HEMPSTEAD

2015-01490, Index No. 18443/10.

134 A.D.3d 685 (2015)

20 N.Y.S.3d 576

2015 NY Slip Op 08813

VINCENZO MAGGIO, Respondent, v. TOWN OF HEMPSTEAD, Appellant, et al., Defendants.

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

Decided December 2, 2015.


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

The plaintiff allegedly sustained personal injuries when he tripped and fell on a defect in a roadway. He subsequently commenced this action against, among others, the defendant Town of Hempstead. The Town moved for summary judgment dismissing the...

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