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RASHFORD v. CITY OF UTICA

23 A.D.3d 1000 (2005)

803 N.Y.S.2d 453

MARK RASHFORD, Respondent, v. CITY OF UTICA, Appellant. (Action No. 1.) CYNDIE JONES, as Parent and Natural Guardian of SABRA JONES, an Infant, Respondent, v. CITY OF UTICA, Appellant. (Action No. 2.)

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

November 10, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Mark Rashford, the plaintiff in action No. 1, and Cyndie Jones, the plaintiff in action No. 2, commenced these actions to recover damages for injuries sustained by Rashford and Sabra Jones, the daughter of Cyndie Jones, while snow tubing at a facility owned and operated by defendant. Supreme Court properly denied defendants' motions...

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