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BEREAN v. TOWN OF LLOYD

5 A.D.2d 924 (1958)

Harold Berean, Respondent, v. Town of Lloyd, Appellant, et al., Defendant

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

March 27, 1958

The complaint seeks a judgment against the town for the negligence of the Town Board in the operation and maintenance of a sewer district within the town. We held before that a Town Board does not exist separately and independently from a town which it governs and that the acts of the Town Board, when performed under statutory authority, are the acts of the town. The operation and maintenance of a sewer district is a duty imposed...

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