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PIOLI v. TOWN OF KIRKWOOD

113 A.D.2d 59 (1985)

George Pioli, Respondent, v. Town of Kirkwood, Appellant, and Gorick Construction Company, Inc., et al., Respondents. (And a Third-Party Action.)

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

November 15, 1985

Attorney(s) appearing for the Case

Thomas F. O'Connor for appellant.

Dominick F. Callo, P. C., for George Pioli, respondent.

Levene, Gouldin & Thompson (William S. Yaus of counsel), for Gorick Construction Company, Inc., and another, respondents.

KANE, CASEY, WEISS and LEVINE, JJ., concur.

MAHONEY, P. J.

On July 11, 1981, plaintiff was riding as a passenger in a vehicle proceeding northwest on Francis Street in the defendant Town of Kirkwood, Broome County. Francis Street is a two-lane, blacktopped town highway. Francis Street intersects Crescent Drive, a State highway. At the intersection, there is a drainage grating running across Francis Street. As plaintiff's vehicle proceeded on Francis Street...

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