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TRAMONTANO v. COUNTY OF SUFFOLK

239 A.D.2d 407 (1997)

658 N.Y.S.2d 342

Antoinette Tramontano, Respondent, v. County of Suffolk, Defendant, and Town of Islip, Appellant

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

May 12, 1997

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the Town of Islip.

The plaintiff purportedly was injured when she fell as a result of stepping in an alleged pothole in a roadway or driveway owned by the defendant Town of Islip. Pursuant to Town Law § 65-a (2) and Town of Islip Code § 47A-3 (A), no civil action to recover damages for injuries sustained as a result...

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