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TISHLER v. TOWN OF BROOKHAVEN

205 A.D.2d 611 (1994)

613 N.Y.S.2d 223

Thomas J. Tishler, as Administrator of The Estate of Thomas N. Tishler, Deceased, Respondent, v. Town of Brookhaven, Appellant

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

June 13, 1994

Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.

On October 19, 1985, at approximately 8:40 P.M., the decedent Thomas N. Tishler, while operating his bicycle in a northbound direction in the southbound lane of Dyke Road, Setauket, New York, was struck by a northbound intoxicated driver that had crossed over the center of the...

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