GARCIA v. THOMAS

2017-04784, Index No. 602295/14.

173 A.D.3d 842 (2019)

102 N.Y.S.3d 707

2019 NY Slip Op 04682

German Garcia, Appellant, v. Theodore Thomas et al., Defendants, and Incorporated Village of Freeport, Respondent.

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

Decided June 12, 2019.


Ordered that the order is affirmed insofar as appealed from, with costs.

On December 23, 2013, the plaintiff allegedly tripped and fell over a raised manhole cover located on a sidewalk in Freeport. In May 2014, the plaintiff commenced this action against, among others, the Incorporated Village of Freeport (hereinafter the defendant). The defendant moved for summary judgment dismissing the complaint insofar as asserted against it, arguing, inter alia, it did not have...

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