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MUGNAI v. TOWN OF OYSTER BAY

2016-12422. Index No. 600326/14.

163 A.D.3d 835 (2018)

80 N.Y.S.3d 431

2018 NY Slip Op 05324

Toni-Ann Mugnai, an Infant, by Her Parent and Natural Guardian, Jeannine Mugnai, Appellant, v. Town of Oyster Bay, Respondent, et al., Defendant.

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

Decided July 18, 2018.

Ordered that the order dated September 26, 2016, is affirmed insofar as appealed from, with costs.

The plaintiff, by her mother, commenced this action to recover damages against the Town of Oyster Bay and the County of Nassau, alleging that the then-13-year-old plaintiff was injured when she came into contact with a "large, jagged, submerged rock" while swimming underwater in an area the Town cordoned off and designated for swimming at the Theodore Roosevelt Memorial...

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