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CHIARAMONTE v. TOWN OF SMITHTOWN

2018-06292. Index No. 3985/15.

192 A.D.3d 657 (2021)

2021 NY Slip Op 01244

Tricia Chiaramonte, Appellant, v. Town of Smithtown et al., Respondents.

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

Decided March 3, 2021.

Attorney(s) appearing for the Case

Joseph C. Tonetti, P.C. (Sweetbaum & Sweetbaum, Lake Success, NY [ Marshall D. Sweetbaum ], of counsel), for appellant.

Segal McCambridge Singer & Mahoney, Ltd., New York, NY ( Carla Varriale of counsel), for respondents.

Austin, J.P., Hinds-Radix, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

On May 10, 2014, the plaintiff was playing in a charity softball tournament sponsored by the defendants at Flynn Memorial Park in Smithtown when she slipped on a muddy surface of one of the fields thereat as she ran from second to third base, allegedly injuring herself. The plaintiff subsequently commenced the instant action to recover damages for personal injuries against...

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