TAUSTINE v. INCORPORATED VILLAGE OF LINDENHURST

2016-09019. Index No. 603321/15.

158 A.D.3d 785 (2018)

71 N.Y.S.3d 547

2018 NY Slip Op 01211

LUCIE TAUSTINE et al., Appellants, v. INCORPORATED VILLAGE OF LINDENHURST, Respondent.

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

Decided February 21, 2018.


Ordered that the order is affirmed, with costs.

Lucie Taustine alleges that she was injured when she tripped and fell while walking on an allegedly uneven sidewalk in Lindenhurst near a tree well and a dedication plaque. Taustine, and her husband suing derivatively, commenced this action against the defendant. After discovery, the defendant moved for summary judgment dismissing the complaint on the ground that it did not receive prior written notice of the alleged...

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