Swinney v. Nassau County

2018-12663, Index No. 1946/13.

179 A.D.3d 731 (2020)

113 N.Y.S.3d 595

2020 NY Slip Op 00169

Nicole Swinney, Appellant, v. Nassau County et al., Respondents.

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

Decided January 8, 2020.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell on a piece of wood, which had fallen from a nearby split-rail fence, in the defendants' park. The plaintiff subsequently commenced this personal injury action against the defendants. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint. The plaintiff appeals.

A landowner has a duty to maintain its premises in a reasonably safe...

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