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STOCKWELL v. TOWN OF NEW BERLIN

507298

69 A.D.3d 1266 (2010)

893 N.Y.S.2d 710

2010 NY Slip Op 615

JENNIFER M. STOCKWELL, Individually and as Administrator of the Estate of ROBERT R. STOCKWELL, Deceased, and as Parent and Guardian of KEVIN STOCKWELL and Others, Infants, Appellant, v. TOWN OF NEW BERLIN, Appellant, and MASON G. WHITE et al., Respondents.

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

Decided January 28, 2010.

STEIN, J.

This action stems from a tragic accident which occurred at approximately 5:30 A.M. when decedent's vehicle plunged into a large gap in the roadway that had torn open. Defendant Town of New Berlin in Chenango County had recently performed repair work on a culvert in the area and plaintiff alleged that the Town was negligent in performing such work. Plaintiff further alleged that defendants Mason G. White and Allen...

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