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FUOCO v. COUNTY OF NASSAU

223 A.D.2d 668 (1996)

637 N.Y.S.2d 428

Michael A. Fuoco, Individually and as Administrator of The Estate of Cynthia Fuoco, Deceased, Respondent, v. County of Nassau, Appellant, and Town of Oyster Bay et al., Respondents

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

January 29, 1996

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly determined that there were issues of fact as to whether the design, construction, and maintenance of the County-owned road proximately caused the accident and that under the circumstances of this case, the County was not entitled to qualified immunity...

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