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SOWARD v. TOWN OF RAMAPO

111 A.D.2d 162 (1985)

James Soward, Respondent, v. Town of Ramapo, Appellant, et al., Respondents

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

May 6, 1985

Order affirmed, with costs.

A material issue of fact exists as to responsibility for maintenance of the road on which plaintiff's accident took place and the extent to which the road's maintenance contributed to the accident. Since a triable issue of fact exists, summary judgment was properly denied (see, Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395; CPLR...

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