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CUOMO v. INCORPORATED VIL. OF GARDEN CITY

2019-05125. Index No. 8041/16.

188 A.D.3d 987 (2020)

132 N.Y.S.3d 672

2020 NY Slip Op 06748

Rosaria Cuomo et al., Appellants, v. Incorporated Village of Garden City, Respondent.

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

Decided November 18, 2020.

Ordered that the order is affirmed, with costs.

On April 16, 2016, the plaintiff Rosaria Cuomo (hereinafter the injured plaintiff) allegedly tripped and fell on a "broken" portion of sidewalk in the Incorporated Village of Garden City. The injured plaintiff, and her husband suing derivatively, commenced this action against the Village. Thereafter, the Village moved for summary judgment dismissing the complaint. The Supreme Court granted the motion, and the plaintiffs...

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