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POZZANI v. VILLAGE OF S. BLOOMING GROVE

2019-07048. Index No. 5375/17.

189 A.D.3d 1094 (2020)

133 N.Y.S.3d 828

2020 NY Slip Op 07409

Stephanie Pozzani, Appellant, v. Village of South Blooming Grove, Respondent.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Neimark & Neimark LLP, New City, NY ( Ira H. Lapp of counsel), for appellant.

Drake Loeb PLLC, New Windsor, NY ( Nicholas A. Pascale of counsel), for respondent.

Scheinkman, P.J., Dillon, Duffy and Connolly, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action against the Village of South Blooming Grove to recover damages for personal injuries she allegedly sustained when a tree fell on her car as she was driving on State Route 208 in the Village. Thereafter, the Village moved for summary judgment dismissing the complaint. The Supreme Court granted the motion, and the plaintiff appeals.

We agree with the Supreme Court's determination...

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