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MILLER v. COUNTY OF SULLIVAN

36 A.D.3d 994 (2007)

827 N.Y.S.2d 750

CINDIJO MILLER, Individually and as Administrator of the Estate of WILLIAM MANY, JR., et al., Appellants, v. COUNTY OF SULLIVAN et al., Defendants, and TOWN OF FALLSBURG, Respondent.

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

Decided January 4, 2007.

Lahtinen, J.

On April 18, 2004, William Many, Jr. (hereinafter decedent) lost control of his motorcycle and was in an accident in the Town of Fallsburg, Sullivan County, on a section of road which allegedly had a significant amount of sand left on it from the winter. He died of injuries sustained in the accident on May 1, 2004. In June 2004, a notice of claim alleging both conscious pain and suffering and wrongful death was ostensibly served on the County, but the...

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