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KLIMEK v. TOWN OF GHENT

98 Misc.2d 893 (1979)

Charles F. Klimek, Individually and as Father and Natural Guardian of Peter E. Klimek, an Infant, Plaintiff, v. Town of Ghent et al., Defendants.

Supreme Court, Special Term, Columbia County.

March 28, 1979

Attorney(s) appearing for the Case

McClung, Peters & Simon for plaintiff. Maynard, O'Connor & Smith for County of Columbia, defendant. Connor, Curran, Connor, Flint & Schram for Town of Ghent, defendant.

EDWARD S. CONWAY, J.

This is a motion by the plaintiff for an order dismissing a second affirmative defense of the defendant, Town of Ghent, on the ground that the local law on which said defense is predicated is void as unconstitutional.

Plaintiff, Peter E. Klimek, allegedly was injured on July 19, 1978, while operating a tractor with a trailing wagon on Harlemville Road in the Town of Ghent. He and his father commenced this claim against the...

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