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TIGUE v. CITY OF NEWBURGH

2020-02768. Index No. 4461/17.

208 A.D.3d 529 (2022)

171 N.Y.S.3d 379

2022 NY Slip Op 04827

Joseph Tigue et al., Appellants, v. City of Newburgh, Defendant, and LSP Two, LLC, Respondent.

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

Decided August 3, 2022.

Attorney(s) appearing for the Case

Martin, Harding & Mazzotti, LLP, Albany, NY ( Cassandra A. Kazukenus of counsel), for appellants.

Marc D. Orloff, P.C., Goshen, NY ( Dennis J. Mahoney III of counsel), for respondent.

Connolly, J.P., Christopher, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Joseph Tigue allegedly sustained injuries when he tripped on a hole in a tree well in the City of Newburgh, abutting the property of the defendant LSP Two, LLC (hereinafter LSP). The plaintiff, and his wife suing derivatively, commenced this action to recover damages for personal injuries against LSP and the City. LSP moved, among other things, for summary judgment dismissing the...

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