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MATTER OF BELMAR v. CITY OF SYRACUSE

100 A.D.2d 745 (1984)

In the Matter of Jack A. Belmar, Individually and as Executor of Laureah B. Belmar, Deceased, Appellant, v. City of Syracuse, Defendant, and County of Onondaga, Respondent

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

March 6, 1984

Order unanimously reversed, with costs and motion denied.

Memorandum:

Laureah Belmar fell upon a sidewalk in the City of Syracuse and filed a notice of claim against the city and the County of Onondaga. The city and the county dispute ownership and control of the sidewalk. Before any action was begun, the county made this motion for an order providing that "should the County of Onondaga undertake repairs of the sidewalk * * * the same shall not constitute...

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