Order unanimously reversed, on the law, without costs, and motion denied.
Memorandum:
In its answer to a complaint seeking recovery for injuries incurred because of the alleged negligent design, construction, maintenance and repair of the shoulder of a road, defendant interposed the affirmative defense of noncompliance with Local Law No. 1 of 1977 of the Town of Gates. Local Law No. 1 provides that no civil action may be maintained against the town for injuries...
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