Boisvert v. Town of Grafton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHarvey, J.
Appeal from an amended order of the Supreme Court (McDermott, J.), entered September 17, 1986 in Rensselaer County, which denied defendants’ motions for summary judgment dismissing the complaint.
On Friday, July 9, 1982, plaintiff was injured in a motorcycle accident on State Route 2 in the Town of Grafton, Rensselaer County. Plaintiff sued the Town and County asserting the ubiquitous allegation of motorcyclists that gravel on the road caused the accident. Plaintiff alleged that a Town truck had negligently spilled the gravel on the highway the day of the accident. Defendants asserted that…
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