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Di LORENZO v. VILL. OF ENDICOTT

70 Misc.2d 159 (1972)

Anthony J. Di Lorenzo, as Father and Natural Guardian of Mark A. Di Lorenzo, an Infant, et al., Plaintiffs, v. Village of Endicott, Defendant.

Supreme Court, Special Term, Broome County.

June 16, 1972

Attorney(s) appearing for the Case

Kramer, Wales, Robinson & McAvoy for defendant. Scanlon, Vetrano & Ringwood for plaintiffs.

HOWARD A. ZELLER, J.

Defendant, Village of Endicott, moves to dismiss the complaint for failure to state a cause of action.

The complaint alleges the village was negligent in failing to inspect and maintain and repair a metal sewer grating located on Tracy Street when the sewer cover was in such a state of deterioration that the village knew or should have known of its condition. The happening of the accident is alleged as follows: "That on or...

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