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CHAMBERLAIN v. TOWN OF BRIGHTON
Appellate Division of the Supreme Court of New York, Fourth Department.
Oct 29, 1947
Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: The complaint and the bill of particulars show that there was no compliance with section 215 High. of the Highway Law. It is immaterial whether the action was brought under subdivision 1 or 2 of such section 215. All concur; Dowling, J., not voting. (The order denies defendants' motion for judgment on the pleading and to dismiss plaintiff's complaint, in a negligence action.)
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