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VISE v. COUNTY OF SUFFOLK

207 A.D.2d 341 (1994)

615 N.Y.S.2d 429

Claire Vise, Appellant, v. County of Suffolk, Defendant, and Town of Babylon, Respondent

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

August 1, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

On February 19, 1985, the plaintiff was injured on a Town of Babylon roadway when she fell after stepping into an eroded area abutting a catch basin or sewer cover. Town Code of Babylon § 158-1 provides that "[n]o civil action shall be maintained against the Town * * * for damages or injuries to person * * * sustained by reason of any highway ...

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