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GOOD v. COUNTY OF SULLIVAN

237 A.D.2d 766 (1997)

654 N.Y.S.2d 875

Florence Good, Appellant, v. County of Sullivan, Respondent

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

March 13, 1997

Yesawich Jr., J.

Earlier, assessing motions for summary judgment, we found that questions of fact arguably existed with respect to whether defendant was chargeable with negligence in the design or construction of the roadway where the subject automobile accident occurred (198 A.D.2d 706, 707-708). These claims, unlike those based upon allegations of negligent repair and maintenance, were not foreclosed by plaintiff...

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