Planty v. Potter-De Witt Corp.

Plaintiff appeals from a judgment of the Supreme Court, St. Lawrence County, entered on an order granting respondent’s motion to dismiss the complaint on the ground of res judicata.

Appellant was injured on the morning of September 8, 1962 when his automobile left the road as it rounded a curve on Route 87 in St. Lawrence County. At the point of the accident the road was being reconstructed by respondent under a contract with the State of New York. As a result of this construction, there were purportedly no usable shoulders on the road and a 12-inch drop at the highway’s edge. Appellant first…