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OSMAN v. TOWN OF SMITHTOWN

2018-05025, Index No. 602399/16.

175 A.D.3d 1313 (2019)

108 N.Y.S.3d 146

2019 NY Slip Op 06504

Franklin A. Osman et al., Appellants, v. Town of Smithtown, Respondent.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

David A. Kaplan , New York, NY, for appellants.

Purcell & Ingrao, P.C., Mineola, NY ( Lynn A. Ingrao of counsel), for respondent.

Dillon, J.P., Leventhal, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

On March 1, 2015, the plaintiff Franklin A. Osman (hereinafter the injured plaintiff) allegedly was injured when he slipped and fell while walking on a pathway at the Hoyt Farm Nature Preserve (hereinafter the Nature Preserve), which was located in, and owned and operated by, the defendant, Town of Smithtown. At the time of his fall, the injured plaintiff, after attending an exhibit at the Nature Preserve, was walking...

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