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REMMELY v. TOWN OF IRONDEQUOIT

125 A.D.2d 984 (1986)

Anne Remmely et al., Respondents, v. Town of Irondequoit et al., Respondents; Albert L. Manley et al., as Trustees of Irondequoit Plaza Trust, Appellants, et al., Defendants

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

December 19, 1986

Order unanimously affirmed, with costs.

Memorandum:

In this personal injury action arising from a vehicular collision in the Irondequoit Plaza, Special Term properly granted the motion of defendant Town of Irondequoit for summary judgment dismissing the second affirmative defense asserted in the amended answer and cross claim of defendant plaza owners. The affirmative defense alleged that the town had, by local ordinance...

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