Judgments and order unanimously reversed on the law and facts, with costs, and motion denied, without costs.
Memorandum:
The complaint in both actions alleges that the accident was caused by the negligence of the defendant-appellant village "in not properly maintaining Big Tree Street in a reasonably safe condition and in permitting the utility pole to be placed and maintained too close to the paved portion of" the street. The allegations of negligence asserted...
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