Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action to recover damages resulting from her fall on a sidewalk maintained by the defendant. The complaint did not contain any allegation that the town created the defective condition. In its answer, the town asserted, inter alia, that the action was barred by Town Law § 65-a and Local Laws, 1980, No. 2 of the Town of Babylon.
The town moved for...
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