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GARITO v. TOWN OF KENT

254 A.D.2d 254 (1998)

678 N.Y.S.2d 137

Richard Garito et al., Appellants, v. Town of Kent et al., Respondents

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

October 5, 1998

Ordered that the order is affirmed, with one bill of costs.

An accident occurred when the plaintiff Richard Garito drove into a cement island. The plaintiffs acknowledge that the cement island "exists wholly within Kent Shore Drive" in the Town of Kent (hereinafter the Town). The cement island was constructed and originally owned by South Lake Developers, a private entity. The Town took ownership and control of Kent Shore Drive in 1988.

Since the cement island...

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