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MIGONIS v. VILL. OF HAMILTON

190 A.D.2d 973 (1993)

John A. Migonis et al., Appellants, v. Village of Hamilton et al., Respondents

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

February 25, 1993

The circumstances in this action and the issues raised herein are identical to those found in Carhart v Village of Hamilton (190 A.D.2d 973 [decided herewith]). Consequently, we find our holding in Carhart to be determinative of this appeal.

Ordered that the order and judgment is modified, on the law, with costs to plaintiffs, by reversing so much thereof as dismissed those portions of the complaint which fall within...

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