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MALEK v. VILLAGE OF DEPEW

1347 CA 17-00826.

156 A.D.3d 1412 (2017)

65 N.Y.S.3d 843

2017 NY Slip Op 08998

JAMES MALEK, Respondent, v. VILLAGE OF DEPEW, Appellant.

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

Decided December 22, 2017.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the motion is granted, and the complaint is dismissed.

Memorandum: Plaintiff commenced this action to recover damages for injuries that he sustained when his foot fell through the pavement adjacent to a storm drain that was located in defendant Village of Depew. At the outset, we note that...

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