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AGRUSA v. TOWN OF LIBERTY

291 A.D.2d 620 (2002)

737 N.Y.S.2d 673

MATTEO AGRUSA et al., Appellants, v. TOWN OF LIBERTY, Respondent.

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

Decided February 7, 2002.

Rose, J.

Plaintiffs commenced this action to recover for personal injuries they sustained when their car slid down an icy hill on Benton Hollow Road in the Town of Liberty, Sullivan County. Supreme Court granted defendant's motion for summary judgment dismissing the action for failure to comply with the prior written notice requirements of Town Law § 65-a. Plaintiffs appeal, contending that defendant affirmatively...

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