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LaBARGE v. CITY OF SYRACUSE

178 A.D.2d 977 (1991)

Marselene A. Labarge, Respondent, v. City of Syracuse, Respondent, and First Baptist Church of Syracuse Board of Trustees, Appellant

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

December 26, 1991

Order affirmed with costs for reasons stated at Supreme Court, Reagan, J.

Boomer, J. (dissenting).

I respectfully dissent. In denying defendant First Baptist Church's motion for summary judgment, Supreme Court wrote: "Factual issues exist as to whether plaintiff's injuries were proximately caused by improper repairs on the sidewalk on which she fell, and if improper repairs were made, as to whether they...

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