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VILLAGE OF VALATIE v. TOWN

5263-12

41 Misc.3d 945 (2013)

972 N.Y.S.2d 489

2013 NY Slip Op 23328

VILLAGE OF VALATIE, Plaintiff, v. TOWN OF KINDERHOOK, Defendant.

Supreme Court, Columbia County.

Decided September 30, 2013.

Attorney(s) appearing for the Case

Murphy, Burns, Barber & Murphy, LLP, Albany ( Stephen M. Groudine of counsel), for defendant. Shantz & Belkin, Latham ( M. Randolph Belkin of counsel), for plaintiff.

OPINION OF THE COURT

HENRY F. ZWACK, J.

Defendant Town of Kinderhook moves for an order pursuant to CPLR 3212 granting it summary judgment and dismissing the plaintiff's complaint. Plaintiff Village of Valatie opposes defendant's motion and cross-moves for summary judgment, or alternatively to amend its complaint.

On March 4, 2012, while responding to a mutual aid call made by the defendant, a fire truck owned by the plaintiff struck a row of mailboxes...

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