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HEWITT v. COUNTY OF RENSSELAER

6 A.D.3d 842 (2004)

775 N.Y.S.2d 112

NANCY E. HEWITT, Individually and as Executor of EARLE W. HEWITT, Deceased, Appellant, v. COUNTY OF RENSSELAER, Respondent, et al., Defendant.

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

April 8, 2004.

Crew III, J.

At all times relevant hereto, plaintiff and her father, the latter of whom is now deceased, were the owners of certain real property located in the Town of Petersburgh, Rensselaer County. The property in question consists of, inter alia, a barn, which is located near the east shoulder of County Route 92. County Route 92, in turn, is maintained by defendant County of Rensselaer and, in the vicinity of plaintiff's property, was last resurfaced in 1992....

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