Cyens v. Town of Roxbury

—Appeal from an order of the Supreme Court at Special Term, entered April 7, 1972 in Delaware County, which dismissed the complaint. On or about September 12, 1970 appellants, Leon Cvens and Leopold Cyens, were involved in an automobile accident when the vehicle in which they were riding left a highway and struck a tree. On December 8, 1970 appellants served notices of claim on the Town of Roxbury for personal injury and property damage based on the alleged negligence of the municipality in failing to have guard rails or other safety devices installed along the road. On December 10. 1971,…