ACEVEDO v. CITY OF YONKERS

2018-07505. Index No. 50037/15.

185 A.D.3d 762 (2020)

125 N.Y.S.3d 302

2020 NY Slip Op 03881

Noah Ariel Acevedo et al., Appellants, v. City of Yonkers et al., Respondents.

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

Decided July 15, 2020.


Ordered that the order is affirmed, with costs.

The infant plaintiff was allegedly injured when he was playing basketball in the street in front of his home, located in Yonkers, and tripped and fell over a water valve cap that was recessed into the street. The infant plaintiff, by his father, and his father individually, commenced the instant action. After joinder of issue and the filing of the note of issue, the defendants moved, inter alia, for summary judgment...

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