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SCARDINO v. TOWN OF BABYLON

248 A.D.2d 371 (1998)

669 N.Y.S.2d 655

Joseph Scardino, Individually and as Executor of Mary Scardino, Deceased, Respondent, v. Town of Babylon, Appellant

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

March 2, 1998

Ordered that the order dated May 1, 1997, is reversed, and the plaintiff's motion to preclude the defendant from offering any evidence at trial in support of its defense is denied; and it is further,

Ordered that the order dated August 8, 1997, is reversed, on the law, and the plaintiff's motion for summary judgment is denied; and it is further,

Ordered that the defendant is awarded one bill of costs.

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