ENDE v. TOWN OF ORANGETOWN


236 A.D.2d 438 (1997)

654 N.Y.S.2d 592

Samuel Ende et al., Respondents, v. Town of Orangetown, Appellant, et al., Defendants

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

February 10, 1997


Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

While we agree with the Supreme Court's conclusion that issues of fact exist as to which of the defendants ultimately may be proven responsible for maintaining the sidewalk where the plaintiff allegedly was injured, we find nevertheless that the...

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