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O'ROURKE v. TOWN OF SMITHTOWN

129 A.D.2d 570 (1987)

Grace O'Rourke et al., Respondents, v. Town of Smithtown, Appellant, and Paul Weiss, Respondent

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

April 6, 1987

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint and cross claim are dismissed against the defendant Town of Smithtown, and the plaintiff's action against the remaining defendant is severed.

On September 3, 1984, the plaintiff Grace O'Rourke fell on the sidewalk in front of the home of the defendant Paul Weiss at 148 Maple Avenue, Smithtown, New York...

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