Legal Opinion
Gutelle v. City of New York
New York Court of Appeals
Decided December 22, 1981PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
A municipality has a legal duty to construct and maintain its highways in a reasonably safe condition, taking into account such factors as the traffic conditions apprehended, the terrain encountered and fiscal practicality (Tomassi v Town of Union, 46 NY2d 91). Weiss v Fote (7 NY2d 579) limited municipal liability for judgmental error in planning highway design, but recognized a continuing obligation to review such a plan in light of its actual operation. It did not, however, exclude all…
2Cases cited5 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Tomassi v. Town of UnionNew York Court of Appeals · 1978
- Stuart-Bullock v. State of NYNew York Court of Appeals · 1974
- Lattanzi v. StateNew York Court of Appeals · 1981
- Lattanzi v. StateAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by57 opinions
- Friedman v. State of New YorkNew York Court of Appeals · 1986
- Bottalico v. State of NYNew York Court of Appeals · 1983
- Atkinson v. County of OneidaNew York Court of Appeals · 1983
- Appelbaum v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 1995
- Policastro v. SavareseAppellate Division of the Supreme Court of the State of New York · 1991
52 more not listed; retrieve them via the Exa API.