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DILLON v. TOWN OF SMITHTOWN

2018-01066. Index No. 3209/15.

165 A.D.3d 1231 (2018)

87 N.Y.S.3d 84

2018 NY Slip Op 07289

Bernard J. Dillon et al., Appellants, v. Town of Smithtown, Respondent.

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

Decided October 31, 2018.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff Bernard J. Dillon (hereinafter the injured plaintiff) allegedly tripped and fell on a "hump" on one of the baseball fields located within Flynn Memorial Park in the Town of Smithtown. The Town had installed a drain to keep water off this particular ballfield and covered...

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