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SARRO v. COUNTY OF NASSAU

3524-04/a, Seq. Number-006

2008 NY Slip Op 31946 (U)

NANCY E. SARRO, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF THEODORE SARRO, AN INFANT UNDER THE AGE OF FOURTEEN (14) YEARS, Plaintiff, v. COUNTY OF NASSAU, INCORPORATED VILLAGE OF ISLAND PARK, TOWN OF HEMPSTEAD AND IRENE X. GKLOTSOS, Defendants.

Supreme Court of the State of New York, Nassau County.

July 1, 2008

MOTION DATE: June 9, 2008.

Attorney(s) appearing for the Case

Jay D. Umans, Esq., East Meadow, NY, Attorney for Plaintiffs

Law Offices of Stanley E. Orzechowski, P.C., St. James, NY, Co-Counsel for Plaintiffs.

Lorna B. Goodman, County Attorney, By: James N. Gallagher, Mineola, NY, Attorney for County of Nassau

Joseph J. Ra, Esq., Town Attorney, Town of Hempstead, Hempstead, NY, Attorney for Co-Defendant Town of Hempstead.

Law Office of John Humphreys, Melville, NY, Attorneys for Co-Defendant Incorporated Village of Island Park

Daniel R. Palmieri, Judge.

This motion by the plaintiff pursuant to CPLR 3124 and CPLR 3126 for an order striking the answer of defendant Village of Island Park ("Village"), deeming liability resolved in favor of the plaintiff against this defendant, precluding the Village from offering any evidence in opposition to the plaintiff's proof and thereupon awarding summary judgment in favor of the plaintiff, all based upon the Village's alleged wilful failure to provide...

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