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HOLLERAN v. INCORPORATED VILLAGE OF FLORAL PARK

2018-11311. Index No. 6927/15.

189 A.D.3d 1370 (2020)

134 N.Y.S.3d 795

2020 NY Slip Op 07871

John Holleran et al., Appellants, v. Incorporated Village of Floral Park, Respondent.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Frank M. Scalera , East Norwich, NY ( Christi M. Kunzig of counsel), for appellants.

McCabe, Collins, McGeough, Fowler, Levine & Nogan, LLP, Carle Place, NY ( Patrick M. Murphy of counsel), for respondent.

Dillon, J.P., LaSalle, Iannacci and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is denied.

On June 7, 2014, the injured plaintiff, John Holleran, allegedly was injured when his bicycle struck a defective condition on Atlantic Avenue in the Incorporated Village of Floral Park. The injured plaintiff, and his wife suing derivatively, subsequently commenced this action against the Village, alleging...

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