Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, and the complaint is dismissed.
The plaintiff, who was driving his motorcycle on a road in the Town of Carmel, alleged that his accident occurred when he suddenly, and without warning, came upon a tractor belonging to the defendant Town of Carmel Highway Department, operated by the defendant Gerald Doyle, an employee of the defendant Town of Carmel. Doyle was using a flail...
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