GENTILE v. TOWN & VIL. OF HARRISON, N.Y.

2014-11844, Index No. 15486/10.

137 A.D.3d 971 (2016)

27 N.Y.S.3d 207

2016 NY Slip Op 01804

AMANDA GENTILE, an Infant, by Her Mother and Natural Guardian, KRISTEN GENTILE, et al., Respondents, v. TOWN AND VILLAGE OF HARRISON, NEW YORK, Appellant.

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

Decided March 16, 2016.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiffs alleged that in April 2009 and again in May 2009, the infant plaintiff, who at the time was 12 years old, was assaulted in the lower level of the West Harrison Library by twin brothers, aged 17. As a result, the infant plaintiff, by her mother, and her mother individually, commenced this action against the...

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