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POGGIALI v. TOWN OF BABYLON

219 A.D.2d 626 (1995)

631 N.Y.S.2d 415

James Poggiali, Respondent, v. Town of Babylon, Appellant. (And a Third-Party Action.)

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

September 18, 1995

Ordered that the interlocutory judgment is reversed, on the law, without costs or disbursements, and the complaint is dismissed.

In the early evening of March 20, 1988, the plaintiff was operating his motor scooter in the eastbound lane of Long Island Avenue in Babylon when his motor scooter collided with another eastbound vehicle operated by the third-party defendant Elestine M. Brown. The impact caused the plaintiff to be thrown from the motor scooter. Before landing...

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