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RILEY v. BROOME COUNTY

263 A.D.2d 267 (2000)

700 N.Y.S.2d 573

BETTY A. RILEY et al., Appellants, v. COUNTY OF BROOME et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 6, 2000.

Attorney(s) appearing for the Case

Thomas F. Cannavino, Endicott, for appellants.

Robert G. Behnke, County Attorney of Broome County, Binghamton, for respondents.

MERCURE, J. P., CREW III, SPAIN and MUGGLIN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

In the early morning hours of July 22, 1992, defendant Garwood A. Young, an employee of the Broome County Highway Division, was dispatched to sweep up excess stone and other debris as part of a resurfacing project on West Colesville Road in the Town of Kirkwood, Broome County. Operating a mechanical street sweeper owned by defendant County of Broome, he began sweeping West Colesville Road at approximately 7:30 A.M. According...

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