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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