Madden v. Town of Greene

OPINION OF THE COURT

Phillip R. Rumsey, J.

This case arises from a motor vehicle accident that occurred on June 30, 2003 on Hotchkiss Road in the Town of Greene, in which plaintiff Kurtis Madden, then 16 years old (hereinafter plaintiff; his mother sues derivatively), was seriously injured. Defendants previously moved for summary judgment, in response to which plaintiff cross-moved for partial summary judgment on the issue of the breach of the duty of care by defendant Town of Greene. By decision and order dated May 21, 2008, the Town’s motion was granted, to the extent of dismissing…