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DEMESMIN v. TOWN OF ISLIP

147 A.D.2d 519 (1989)

Marie Demesmin, Individually and as Mother and Natural Guardian of Richard Demesmin, an Infant, Respondent, v. Town of Islip, Appellant, and Westrock Ice Cream Corp. et al., Respondents, et al., Defendants

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

February 14, 1989

Ordered that the order is reversed, on the law, with costs, and the motion is granted and the complaint and all cross claims are dismissed insofar as they are asserted against the defendant Town of Islip.

On July 10, 1984, the infant plaintiff, a pedestrian, was struck by a vehicle operated by the defendant Dennis Szurkus on Greenbelt Parkway West in Holbrook, New York. The accident occurred as the infant plaintiff allegedly...

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