CRUZATE v. TOWN OF ISLIP

2016-04779, Index No. 18196/07.

162 A.D.3d 853 (2018)

80 N.Y.S.3d 305

2018 NY Slip Op 04531

Ruben Cruzate et al., Appellants, v. Town of Islip, Respondent. (And a Third-Party Action.)

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

Decided June 20, 2018.


Ordered that the order is affirmed, with costs.

The plaintiff Ruben Cruzate (hereinafter the injured plaintiff) allegedly was injured when the front wheel of his vehicle struck a raised portion of a drainage cover, which he did not see prior to the accident because the street had flooded. The injured plaintiff, and his wife suing derivatively, commenced this action against the Town of Islip, asserting causes of action to recover damages for personal injuries and loss...

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