RACE v. VILLAGE OF BREWSTER

2019-02260. Index No. 500862/17.

185 A.D.3d 1071 (2020)

128 N.Y.S.3d 562

2020 NY Slip Op 04333

Thomas Race et al., Appellants, v. Village of Brewster, Respondent, et al., Defendants.

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

Decided July 29, 2020.


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

On February 1, 2017, the plaintiff Thomas Race (hereinafter the injured plaintiff) allegedly slipped and fell on ice that had accumulated on a sidewalk in the Village of Brewster. The injured plaintiff, and his wife suing derivatively, commenced this personal injury action against, among others, the Village. Thereafter, the Village moved, inter alia, for summary judgment dismissing the complaint...

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