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STEVENS v. KELLAR

516875

112 A.D.3d 1206 (2013)

977 N.Y.S.2d 461

2013 NY Slip Op 8499

MICHAEL WAYNE STEVENS, Appellant, v. RICHARD P. KELLAR, Individually and as Officer in Charge, Defendant, and TOWN OF NEW BERLIN, Respondent.

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

Decided December 19, 2013.

EGAN Jr., J.

Appeal from an order of the Supreme Court (Dowd, J.), entered December 20, 2012 in Chenango County, which granted a motion by defendant Town of New Berlin for summary judgment dismissing the complaint against it.

On the evening of October 29, 2008, plaintiff drove to the South Town Pub in the hamlet of South New Berlin, Town of New Berlin, Chenango County to "hang out." The establishment was offering...

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