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SCHILLER v. TOWN OF RAMAPO

2019-09385. Index No. 32927/16.

202 A.D.3d 1022 (2022)

164 N.Y.S.3d 146

2022 NY Slip Op 01062

Julia Schiller, Respondent, v. Town of Ramapo et al., Appellants.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Itamar Yeger , Town Attorney, Suffern, NY ( Dennis E. Lynch of counsel), for appellant Town of Ramapo.

Kornfeld, Rew, Newman & Simone, Suffern, NY ( William S. Badura of counsel), for appellant O'Sullivan Tree Care, Inc.

The Berkman Law Office, LLC, Brooklyn, NY ( Robert J. Tolchin and David Tolchin of counsel), for respondent.

Duffy, J.P., Iannacci, Miller and Christopher, JJ., concur.

Ordered that the order is affirmed, with one bill of costs.

In July 2016, the plaintiff commenced an action against the defendant Town of Ramapo to recover damages for injuries she alleged she sustained after she stepped in a hole in a pathway maintained by the Town. According to the plaintiff, in April 2015, the Town hired the defendant O'Sullivan Tree Care, Inc. (hereinafter Tree Care), to repair the surface of the pathway at issue and Tree Care negligently performed...

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