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NAPOLITANO v. SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS

65 A.D.3d 676 (2009)

884 N.Y.S.2d 484

ALBERT A. NAPOLITANO et al., Respondents, v. SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 25, 2009.

Ordered that the appeal from the order dated February 13, 2008, is dismissed, as that order was superseded by the order dated July 30, 2008, made upon reargument; and it is further,

Ordered that the order dated July 30, 2008, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

The injured plaintiff was riding his motorcycle when he allegedly...

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