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PURVES v. COUNTY OF ERIE

12 A.D.3d 1112 (2004)

784 N.Y.S.2d 415

DONNA PURVES et al., Respondents, v. COUNTY OF ERIE et al., Appellants, and TIMOTHY TRAFALSKI, Respondent.

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

November 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiffs brought this action to recover damages for personal injuries sustained by plaintiff Donna Purves as a result of a motor vehicle accident that occurred on a highway owned and maintained by defendant County of Erie (County). Supreme Court properly denied the motion for summary judgment of the County and its highway department...

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