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BURCROFF v. ORLEANS COUNTY

114 Misc.2d 16 (1982)

Kathleen Burcroff, Plaintiff, v. County of Orleans et al., Defendants.

Supreme Court, Orleans County.

April 16, 1982

Attorney(s) appearing for the Case

McHugh & Burke (John C. Herbert of counsel), for Town of Kendall, defendant. Johnson, Mullan, Brundage & Keigher, P. C. (George A. Schell of counsel), for plaintiff. Albright, Degnan, Pleckan, Schwartz & Sylvester, P. C. (Robert A. Schwartz of counsel), for County of Orleans, defendant.

ARTHUR B. CURRAN, J.

The defendant, Town of Kendall, moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the claims and cross claims against said defendant upon the ground that there are no factual or legal issues of fact to support the plaintiff's claims.

This action arises out of an automobile accident which occurred on September 1, 1978, at approximately 9:30 P.M. The road upon which the accident transpired was a dead...

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