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CARLINO v. CITY OF ALBANY

118 A.D.2d 928 (1986)

Richard A. Carlino, Appellant-Respondent, v. City of Albany, Respondent, and County of Albany, Respondent-Appellant

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

March 6, 1986

Yesawich, Jr., J.

On August 19, 1983, plaintiff was injured when a moped he was driving on US Route 9W in the City of Albany struck a rut located between the shoulder of the road and the roadway. In his subsequent injury suit against defendants City of Albany and County of Albany, plaintiff charged that each municipality had breached a duty to maintain the road by failing to repair the rut.

Special Term's dismissal of the complaint, upon reargument...

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