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KAGAN v. TOWN OF NORTH HEMPSTEAD

2008-06774

68 A.D.3d 726 (2009)

2009 NY Slip Op 9001

888 N.Y.S.2d 905

SPENCER KAGAN et al., Appellants, v. TOWN OF NORTH HEMPSTEAD et al., Respondents, et al., Defendant.

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

Decided December 1, 2009.

Ordered that the order is affirmed, with costs.

On February 4, 2004 at around 9:00 P.M. the injured plaintiff allegedly slipped and fell on ice within a puddle of water at a parking lot owned and maintained by the defendants Town of North Hempstead and Port Washington Parking District (hereinafter the defendants). Heavy rain fell during the previous night, and a mixture of snow and rain fell during the morning hours of February 4, 2004. The parking lot was last plowed...

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