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MORAN v. COUNTY OF DUTCHESS
Appellate Division of the Supreme Court of New York, Second Department.
Mar 3, 1997
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Ordered that the appeal from the order dated February 7, 1996, is dismissed, as that order was superseded by the order dated April 2, 1996, made upon reargument and renewal; and it is further,
Ordered that the order dated April 2, 1996, is affirmed insofar as appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
The court correctly granted the defendant's motion for summary judgment since the monument over which the infant plaintiff fell was readily observable by a reasonable use of one's senses ( see, Bombard v Central Hudson Gas Elec. Co., 205 AD2d 1018, 1020; Zawacki v Town of N. Hempstead, 184 AD2d 697; Zaffiris v O'Loughlin, 184 AD2d 696).
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