CIAVARELLI v. TOWN OF ISLIP

2008-09342.

67 A.D.3d 623 (2009)

888 N.Y.S.2d 172

2009 NY Slip Op 07973

LYNN M. CIAVARELLI et al., Respondents, v. TOWN OF ISLIP, Defendant, and SUFFOLK COUNTY WATER AUTHORITY, Appellant.

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

Decided November 4, 2009.


Ordered that the order is reversed, on the law, with costs, and the defendant-respondent, and the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

In October 2005 the plaintiff Lynn M. Ciavarelli (hereinafter the injured plaintiff) allegedly sustained injuries when she stepped off the apron of a municipal parking lot exit in Bay Shore and into a depression in the roadway near the edge...

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