PALACIOS v. TOWN OF NORTH HEMPSTEAD

2016-10550. Index No. 12169/13.

165 A.D.3d 967 (2018)

86 N.Y.S.3d 117

2018 NY Slip Op 06927

Aaron Palacios, an Infant, by His Mother and Natural Guardian, Lili Hernandez, et al., Appellants, v. Town of North Hempstead, Respondent, et al., Defendant.

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

Decided October 17, 2018.


Ordered that the order is affirmed, with costs.

On December 18, 2012, the infant plaintiff, who was then seven years old, was struck by a vehicle while crossing Swalm Street in the Town of North Hempstead. The infant plaintiff and his plaintiff mother timely served a notice of claim on the Town. The plaintiffs described the claim as arising from nonfunctioning street lights, which caused the street to be so dark that the defendant driver had difficulty seeing the...

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