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BROCATO v. GRIPPE

269 A.D.2d 414 (2000)

702 N.Y.S.2d 901

CHARLES BROCATO, Respondent, v. GLEN G. GRIPPE et al., Respondents, and TOWN OF BROOKHAVEN, Appellant.

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

Decided February 14, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims insofar as asserted against the appellant are dismissed, and the action against the remaining defendants is severed.

The defendant Glen G. Grippe was driving northbound on Pond Path Road, in a 30 miles per hour zone, at an approximate speed of between 65 and 85 miles per hour, when he drove over an alleged...

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