DiLorenzo v. Village of Endicott

Defendant, Village of Endicott, moves to dismiss the complaint for failure to state a cause of action.

The complaint alleges the village was negligent in failing to inspect and maintain and repair a metal sewer grating located on Tracy Street when the sewer cover was in such a state of deterioration that the village knew or should have known of its condition. The happening of the accident is alleged as follows: ‘ ‘ That on or about the 13th day of April, 1971 at approximately 3:00 o’clock in the afternoon, the infant plaintiff, Mark A. Di Lorenzo, was walking in the gutter area of 1807 Tracy…