BABCOCK v. ORANGE AND ROCKLAND UTILS., INC.

2017-08048, Index No. 32002/16.

179 A.D.3d 882 (2020)

114 N.Y.S.3d 662

2020 NY Slip Op 00395

Arthur Babcock et al., Appellants, v. Orange and Rockland Utilities, Inc., et al., Defendants, and Town of Clarkstown, Respondent.

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

Decided January 22, 2020.


Ordered that the order is affirmed, with costs.

The plaintiff Arthur Babcock (hereinafter the injured plaintiff) allegedly was injured when he was struck by a motor vehicle while he was engaged in road work replacing gas lines to residences. The road where the accident occurred was owned by the defendant Town of Clarkstown. The injured plaintiff, and his wife suing derivatively, commenced this action against, among others, the Town. Thereafter, the Town moved, inter...

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