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KENNEDY v. TOWN OF SMITHTOWN

267 A.D.2d 282 (1999)

699 N.Y.S.2d 903

DAVID KENNEDY et al., Appellants, v. TOWN OF SMITHTOWN et al., Defendants, and COUNTY OF SUFFOLK, Respondent.

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

Decided December 13, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the motion of the defendants County of Suffolk and Suffolk County Police Department which was for summary judgment dismissing the complaint insofar as asserted against the County of Suffolk. The absence of any traffic control devices at or near the site where the infant plaintiff was struck by a vehicle operated by the defendant Keith Helmick...

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