Mente v. County of Tioga

Defendant appeals from an order of the Supreme Court, Special Term, Broome County, denying its motion to dismiss the complaints for legal insufficiency (Rules Civ. Prae., rule 106) and for summary judgments (rule 113) in two actions treated by the parties and the court as one for the purposes of the motion. Broadly and liberally construed the pleadings attacked may be read to allege a breach of a duty on the part of the local authority to warn and guide westbound travelers on the county highway of alleged impending danger (Vehicle and Traffic Law, § 1682) quite apart from any such imposed…