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BORRIE v. COUNTY OF SUFFOLK

2019-08676. Index No. 7820/09.

197 A.D.3d 1285 (2021)

152 N.Y.S.3d 321

2021 NY Slip Op 05115

Roderick Borrie, Respondent, v. County of Suffolk, Appellant, et al., Defendants.

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

Decided September 29, 2021.

Attorney(s) appearing for the Case

Dennis M. Cohen , County Attorney ( Diana T. Bishop and Devitt Spellman Barrett, LLP, Smithtown, NY [ John M. Denby and Christi M. Kunzig ], of counsel), for appellant.

Anthony J. Scaffidi , New York, NY ( Kevin B. Lynch of counsel), for respondent.

Chambers, J.P., Miller, Barros and Christopher, JJ., concur.

Ordered that the order dated May 3, 2019, is affirmed, with costs.

The plaintiff, as executor of the estate of Rebecca Borrie, commenced this action in February 2009, alleging that the decedent was walking along Quaker Path at or near its intersection with Huyler Court in the Hamlet of Setauket when she was struck and killed by a motor vehicle. The complaint alleged, inter alia, improper roadway design, construction, and maintenance. In an order dated March 12, 2010...

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