Legal Opinion

Betzold v. Town of Babylon

Appellate Division of the Supreme Court of the State of New York

Decided May 31, 2005PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated February 19, 2004, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On May 16, 2000, the infant plaintiff was injured when the front tire of his bicycle hit a pothole located five feet north of his neighbor’s driveway entrance at 84 West 12th Street, in Deer Park. The infant plaintiff and his mother commenced…

2Cases cited4 opinions

  1. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  2. ITT Hartford Insurance v. Village of OssiningAppellate Division of the Supreme Court of the State of New York · 1999
  3. Woodard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  4. Schuman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by5 opinions

  1. Hyland v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  2. Granderson v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2006
  3. Cuccia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  4. Cuzzo v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2009
  5. DiLeo v. Town/Village of HarrisonAppellate Division of the Supreme Court of the State of New York · 2008

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