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CUBA VILL. v. TOWN OF NEW HUDSON

42 A.D.2d 829 (1973)

Cuba Village, Respondent, v. Town of New Hudson, Appellant

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

July 6, 1973

Order unanimously affirmed, with costs.

Memorandum:

On May 11, 1971 the plaintiff Cuba Village Fire Department responded to a citizen's report of a fire in the Hanging Bog area of the defendant Town of New Hudson. En route, one of the fire pumper's engines was damaged while climbing a very steep grade. The plaintiff thereafter brought an action for $1,750 property damages against the Town of New Hudson. The defendant moved for summary judgment alleging improper...

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