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MADDEN v. TOWN OF GREENE

2004x596.

27 Misc.3d 432 (2010)

894 N.Y.S.2d 854

KURTIS R. MADDEN, an Infant, by His Mother and Natural Guardian, WENDY L. MADDEN, et al., Plaintiffs, v. TOWN OF GREENE et al., Defendants.

Supreme Court, Chenango County.

Decided February 10, 2010.

Attorney(s) appearing for the Case

Lynch Law Office, Syracuse ( Thomas J. Lynch of counsel), for Town of Greene, defendant.

Sugarman Law Firm LLP, Syracuse ( Paul Mullin of counsel), for Dean Calice and another, defendants.

Thorn Gershon Tymann & Bonanni, LLP, Albany ( Arthur H. Thorn of counsel), for plaintiffs.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

This case arises from a motor vehicle accident that occurred on June 30, 2003 on Hotchkiss Road in the Town of Greene, in which plaintiff Kurtis Madden, then 16 years old (hereinafter plaintiff; his mother sues derivatively), was seriously injured. Defendants previously moved for summary judgment, in response to which plaintiff cross-moved for partial summary judgment on the issue of the breach of the duty of care...

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