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BOORMAN v. TOWN OF TUXEDO

2019-12153. Index No. 200/18.

204 A.D.3d 742 (2022)

164 N.Y.S.3d 501

2022 NY Slip Op 02386

Pamela Boorman, Appellant, v. Town of Tuxedo et al., Defendants, and Village of Tuxedo, Respondent.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Sobo & Sobo, LLP, Middletown, NY (Mark P. Cambareri of counsel), for appellant.

Morris Duffy Alonso & Faley, New York, NY (Iryna S. Krauchanka and Andrea M. Alonso of counsel), for respondent Village of Tuxedo Park, incorrectly sued herein as Village of Tuxedo.

Varvaro Cotter & Bender, White Plains, NY (Joseph Varvaro of counsel), for defendants Charles W. Neuhauser and Liane L. Neuhauser.

Dillon, J.P., Connolly, Brathwaite Nelson and Genovesi, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the renewed motion of the defendant Village of Tuxedo which was for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff allegedly sustained personal injuries when she fell into a culvert or drainage ditch in the defendant Village of Tuxedo Park, incorrectly sued herein as...

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