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MADDEN v. TOWN OF GREENE

2004x596.

36 Misc.3d 852 (2012)

949 N.Y.S.2d 326

2012 NY Slip Op 22173

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.

June 29, 2012.

Attorney(s) appearing for the Case

Lynch Law Office, Syracuse ( Andrew J. Schwab of counsel), for Town of Greene, defendant. Sugarman Law Office, 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.

Several motions are currently pending.1 The court will first consider those made by defendant Town of Greene which, if granted, would result in dismissal of plaintiffs' remaining claim for negligent design and construction of the guiderail, namely: (1) defendant's motions asserting that plaintiffs' design claim is barred by the statute of limitations and (2) defendant's motion for leave...

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