BOESCH v. COMSEWOGUE SCH. DIST.

2019-12675. Index No. 602323/17.

195 A.D.3d 895 (2021)

146 N.Y.S.3d 503

2021 NY Slip Op 04007

Joan K. Boesch, Respondent, v. Comsewogue School District, Appellant.

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

Decided June 23, 2021.


Attorney(s) appearing for the Case

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

Schwartzapfel Lawyers, PC, Garden City, NY ( David N. Sloan of counsel), for respondent.

Chambers, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

In February 2017, the plaintiff commenced this action against the defendant to recover damages for personal injuries she alleged that she sustained in November 2016 when she tripped and fell on an uneven sidewalk abutting the defendant's school building in Suffolk County. According...

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