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CONROY v. COUNTY OF CATTARAUGUS

176 A.D.2d 1228 (1991)

Eamon F. Conroy, Individually and as Parent and Natural Guardian of Kerry Conroy, an Infant, et al., Respondents, v. County of Cattaraugus, Appellant

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

October 4, 1991

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiffs, who were injured when their car collided with a school bus at an intersection in the Town of Allegany, commenced this action against the County of Cattaraugus. The court erred in denying the County's motion for summary judgment. It is undisputed that plaintiffs gave no prior written notice of a highway defect

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