D.D. v. INCORPORATED VIL. OF FREEPORT

2019-08167. Index No. 610023/17.

186 A.D.3d 795 (2020)

127 N.Y.S.3d 764

2020 NY Slip Op 04727

D.D., Respondent, v. Incorporated Village of Freeport, Appellant.

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

Decided August 26, 2020.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

On January 27, 2017, the plaintiff allegedly was injured when he tripped and fell on a defect in a sidewalk while walking along a public sidewalk adjacent to Municipal Parking Lot #13 within the defendant Incorporated Village of Freeport. The plaintiff commenced this action against the defendant, and, thereafter, the defendant...

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