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GOULD v. COUNTY OF ORLEANS

115 A.D.2d 265 (1985)

Gary D. Gould, Respondent, v. County of Orleans, Appellant, and Kevin M. Keys, Respondent In the Matter of Home Mutual Insurance Company, Separately and as Subrogee of Kevin M. Keys, Respondent, v. County of Orleans, Appellant

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

November 15, 1985

Order unanimously affirmed, with costs.

Memorandum:

Special Term properly denied the motion of defendant County of Orleans for summary judgment in these actions which arose out of a two-car head-on collision inside a one-lane tunnel beneath the Barge Canal on Culvert Road, a county highway in Orleans County. The county first contends that the underpass is owned and maintained by the State of New York and that it has no duty to install appropriate warning signs...

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