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EGGERS v. BEECHWOOD AVE. CORP.

105 A.D.2d 725 (1984)

Paul Eggers, as Administrator of The Estate of Peter Eggers, Deceased, et al., Respondents, v. Beechwood Avenue Corp. et al., Defendants; Rocco Bellantoni, Respondent, and County of Westchester, Appellant

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

November 13, 1984

Order reversed, on the law, without costs or disbursements, motion granted, complaint and cross claims dismissed insofar as they are asserted against defendant County of Westchester, and the action against it is severed.

As it appears that the site upon which the accident occurred was not owned, controlled or maintained by appellant, the motion for summary judgment should have been granted (Flynn v City of New York

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