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GUTKAISS v. DELAWARE AVENUE MERCHANTS GROUP, INC.

527787.

173 A.D.3d 1327 (2019)

102 N.Y.S.3d 316

2019 NY Slip Op 04527

Timothy Gutkaiss, Respondent, v. Delaware Avenue Merchants Group, Inc., Defendant, and City of Albany, Appellant.

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

Decided June 6, 2019.

In 2010, with the consent of defendant City of Albany, defendant Delaware Avenue Merchants Group, Inc. (hereinafter Merchants), a not-for-profit corporation, wrapped strands of decorative LED lights around the light poles located along a portion of Delaware Avenue for the purpose of creating a brighter appearance in the neighborhood....

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