Legal Opinion
Shepardson v. Town of Schodack
New York Court of Appeals
Decided May 12, 1994PublishedCited by 26 opinions
1Opinion of the Court
*895OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The infant plaintiff, injured on July 13, 1988 by an oncoming car while riding his bicycle on Palmer Road in the Town of Schodack, brought suit against the Town, claiming negligent failure to maintain the roadside vegetation which had allegedly obscured the driver’s view of plaintiff. The Town pleaded as an affirmative defense that plaintiff had failed to comply with Town Law § 65-a, which requires as a condition precedent to suit that the Town had written or constructive notice of the allegedly…
2Cases cited2 opinions
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Pfleuger v. PfleugerNew York Court of Appeals · 1952
3Cited by26 opinions
- Stewart v. Chautauqua County Board of ElectionsNew York Court of Appeals · 2010
- Pompa v. Burroughs Wellcome Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Inter-Power of New York, Inc. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Clifton Country Road Associates v. VinciguerraAppellate Division of the Supreme Court of the State of New York · 1998
- Lugo v. County of Essex, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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