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KANOPKA v. VILL. OF FREEPORT

121 A.D.2d 690 (1986)

Leon Kanopka et al., Respondents, v. Village of Freeport, Appellant

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

June 30, 1986

Order affirmed, with costs.

The defendant concedes that it owned and maintained the roadway involved. Upon a review of the papers, including the verified complaint, which alleges that the defendant performed roadwork in the area, and the photographs annexed to the affirmation of the plaintiffs' attorney in opposition, we conclude that Special Term correctly determined that there is a triable issue with regard to whether...

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