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LEVY v. INCORPORATED VILLAGE OF EAST HAMPTON

2019-10439. Index No. 5355/16.

193 A.D.3d 714 (2021)

141 N.Y.S.3d 889

2021 NY Slip Op 02146

Mona Levy et al., Respondents, v. Incorporated Village of East Hampton, Appellant, et al, Defendants.

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

Decided April 7, 2021.

Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown, NY ( John M. Denby and Christi M. Kunzig of counsel), for appellant.

Hogan & Cassell, LLP, Jericho, NY ( Michael Cassell of counsel), for respondents.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

On February 28, 2015, between 3:00 p.m. and 4:00 p.m., the plaintiff Mona Levy allegedly slipped and fell on snow, ice, and slush on a sidewalk located within the defendant Incorporated Village of East Hampton. The Village was responsible for removing snow and ice from the subject sidewalk. The plaintiff, and her husband suing derivatively, commenced this action against the Village and others. The Supreme Court denied...

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