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CARLO v. TOWN OF BABYLON

55 A.D.3d 769 (2008)

MARY ANN CARLO et al., Appellants, v. TOWN OF BABYLON, Respondent.

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

October 21, 2008.

Ordered that the order is affirmed, with costs.

While the plaintiff Mary Ann Carlo (hereinafter the plaintiff) was walking on a brick pathway at the Town Hall Park in the defendant Town of Babylon, she failed to note the height differential between the edge of the brick pathway and the abutting landscaped area due to overgrown grass and weeds, twisted her ankle and fell. As a result, the plaintiff and her husband, derivatively...

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