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JONES v. TOWN OF DELAWARE

251 A.D.2d 876 (1998)

674 N.Y.S.2d 499

Elizabeth Jones, Respondent, v. Town of Delaware, Appellant, and Consolidated Rail, Respondent, et al., Defendant

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

June 18, 1998

White, J.

Plaintiff allegedly sustained personal injuries when she fell on a sidewalk abutting defendant Consolidated Rail's property located in the Town of Delaware, Sullivan County. Subsequently, after issue was joined in this personal injury action, defendant Town of Delaware moved for summary judgment dismissing the complaint against it on the grounds that it did not receive prior written notice as required by Town Law § 65-a (2) and that it...

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