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HOROWITZ v. COUNTY OF ORANGE

215 A.D.2d 799 (1995)

626 N.Y.S.2d 296

Harvey Horowitz, Individually and as Father and Natural Guardian of David Horowitz et al., Infants, et al., Appellants, v. County of Orange et al., Defendants, and Town of Tuxedo, Respondent

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

May 4, 1995

Casey, J.

Plaintiffs commenced this negligence action to recover damages arising out of a one-car accident which occurred when a vehicle operated by plaintiff Harvey Horowitz skidded on a patch of ice on a road in the Town of Tuxedo, Orange County. After issue was joined, defendant Town of Tuxedo (hereinafter the Town) moved for summary judgment based upon plaintiffs' lack of compliance with a prior written...

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