ROZELL v. MILBY

2011-06722.

98 A.D.3d 960 (2012)

951 N.Y.S.2d 74

2012 NY Slip Op 6133

JEFF ROZELL, Individually and as Administrator of the Estate of MICHELINA ROZELL, Deceased, Respondent, v. CHERYL MILBY, Respondent, and COUNTY OF DUTCHESS, Appellant, et al., Defendant.

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

September 12, 2012.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant County of Dutchess which was pursuant to CPLR 3211 (a) (7) to dismiss so much of the complaint and all cross claims insofar as asserted against it as were premised upon allegations that it failed to have emergency personnel remain at the location of a prior motor vehicle accident and failed to warn motorists of icy road conditions with "flares...

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