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KNAPP v. NEW YORK TEL. CO.

161 Misc.2d 878 (1994)

615 N.Y.S.2d 257

Michael Knapp et al., Plaintiffs, v. New York Telephone Company et al., Defendants.

Supreme Court, Schenectady County.

June 24, 1994

Attorney(s) appearing for the Case

Tobin & Dempf, Albany, for New York Telephone Company, defendant. Robert A. Murphy, Jr., Albany, for Town of Niskayuna, defendant. Grasso, Rodriguez, Putorti, Grasso & Zyra, Schenectady, for plaintiffs.

WILLIAM H. KENIRY, J.

Plaintiff Michael Knapp (hereinafter plaintiff) sustained personal injuries on November 5, 1989 while operating his motorcycle on a public sidewalk located adjacent to New York State Route 7 in the Town of Niskayuna, Schenectady County. The facts are somewhat out of the ordinary. While plaintiff was operating his motorcycle at 35 to 40 miles per hour westbound on Route 7, which is a heavily...

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