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SWEET v. TOWN OF WIRT

23 A.D.3d 1097 (2005)

803 N.Y.S.2d 867

LINDA I. SWEET, as Parent and Natural Guardian of PAUL A. BEAN, an Infant, Respondent, v. TOWN OF WIRT, Appellant, and JERRY JUDD, Respondent.

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 with costs.

Memorandum:

Plaintiff commenced this action as parent and natural guardian of her son seeking damages for injuries he sustained in a single-vehicle accident that occurred on a highway owned by the Town of Wirt (defendant). Supreme Court properly denied the motion of defendant for summary judgment dismissing the complaint and cross claim against it...

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