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WINTERS v. TOWN OF GERMANTOWN

20 A.D.3d 713 (2005)

799 N.Y.S.2d 307

KAREN WINTERS, Individually and as Parent and Guardian of RYAN WINTERS, an Infant, et al., Respondents, v. TOWN OF GERMANTOWN, Appellant. (And a Third-Party Action.) (Action No. 1.) DENNIS BOCCIA et al., Individually and as Administrators of the Estate of CHRISTOPHER J. BOCCIA, Deceased, Respondents, v. TOWN OF GERMANTOWN, Appellant. (And a Third-Party Action.) (Action No. 2.) (And Two Other Related Actions.)

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

July 14, 2005.

Mugglin, J.

Cars operated by plaintiff Karen Winters and decedent Christopher Boccia collided head on at or near the crest of a hill on Round Top Road in the Town of Germantown, Columbia County. Winters, individually and on behalf of her children, and the administrators of Boccia's estate commenced two separate actions against defendant, generally alleging that it negligently maintained the road and negligently breached...

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