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CROSBY v. BETHLEHEM

90 A.D.2d 134 (1982)

Ruth L. Crosby, as Administratrix of The Estate of Elizabeth M. Crosby, Deceased, Appellant, v. Town of Bethlehem, Respondent

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

December 9, 1982

Attorney(s) appearing for the Case

Edward P. Ryan for appellant.

Schrade & Kimmey (Karl H. Schrade of counsel), for respondent.

SWEENEY, J. P., CASEY, WEISS and LEVINE, JJ., concur.

KANE, J.

At approximately 11:00 P.M. on July 4, 1979, Elizabeth Crosby was struck and killed by a motorcycle operated by Scott Boice. At the time of the accident she was walking near the intersection of Adams Place and Kenwood Avenue in the Town of Bethlehem, Albany County.

Boice had attended a lawn party that afternoon in another area of the town. Officer Cynthia Reed of the Bethlehem Police Department, who had known Boice for some 10 years,...

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