DEJESUS v. TOWN OF MAMARONECK

2019-03098. Index No. 52218/17.

189 A.D.3d 1172 (2020)

134 N.Y.S.3d 231

2020 NY Slip Op 07542

Angel Dejesus, Appellant, v. Town of Mamaroneck, Respondent.

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

Decided December 16, 2020.


Attorney(s) appearing for the Case

Melvyn S. Jacknowitz (Arnold E. DiJoseph, P.C., New York, NY, of counsel), for appellant.

O'Connor, McGuinness, Conte, Doyle, Oleson, Watson & Loftus, LLP, White Plains, NY ( Montgomery L. Effinger of counsel), for respondent.

Scheinkman, P.J., Dillon, Duffy and Connolly, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the cause of action alleging negligence is denied.

The plaintiff allegedly sustained injuries when he stepped on a loose manhole cover located on a patch of concrete owned and maintained by the defendant, Town of Mamaroneck. According to the plaintiff, after stepping on the edge of the manhole cover...

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