BOUNAUITO v. WILLIAM FLOYD SCH. DIST.


203 A.D.2d 225 (1994)

609 N.Y.S.2d 661

Diane M. Bounauito et al., Respondents, v. William Floyd School District et al., Defendants, and Town of Brookhaven, Appellant

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

April 4, 1994


Ordered that the order is modified, on the law, by deleting the provision thereof which denied the motion in its entirety, and substituting a provision granting the motion to the extent of dismissing so much of the complaint as asserts that the Town is liable based on its failure to (a) maintain the roadway and intersection in a reasonably safe condition, and (b) enforce Town Code provisions regarding obstructions to Town highways and limitations on heights of structures...

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