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FUSCO v. CITY OF ALBANY

134 Misc.2d 98 (1986)

Mary Fusco et al., Plaintiffs, v. City of Albany et al., Defendants.

Supreme Court, Special Term, Albany County.

December 18, 1986

Attorney(s) appearing for the Case

Vincent J. McArdle, Jr., Corporation Counsel (James J. Bertini of counsel), for City of Albany, defendant. Hesson, Ford & Whalen (Matthew J. Kelly of counsel), for plaintiffs. Donohue, Donohue & Sabo, P. C. (Fred J. Hutchison of counsel), for Duncan & Cahill, Inc., defendant.

HAROLD J. HUGHES, J.

The defendant City of Albany moves for summary judgment dismissing the complaint as against it, and the plaintiff cross-moves for an order dismissing the first affirmative defense in the city's answer, or compelling it to provide access to certain municipal records.

The action is to recover for personal injuries and derivative loss allegedly sustained by the plaintiffs on August...

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