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EARL BIHN et al., Appellants, v. GREGORY MUNCH et al., Defendants, and TOWN OF SMITHTOWN, Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs payable to the respondent.

The plaintiffs failed to raise any triable issues of fact which preclude the granting of summary judgment dismissing the complaint insofar as asserted against the defendant Town of Smithtown. Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.

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BIHN v. MUNCH
(Jan 31, 1994)