Legal Opinion · Dissent

Stiggins v. Town of North Dansville

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 2017No. 1049 CA 16-01516Published

1DissentNeMoyer, J.

I respectfully dissent and would affirm the order in each appeal.

“Municipalities have a duty to maintain their roads . . . in a reasonably safe condition for ‘people who obey the rules of the road’ ” (Palloni v Town of Attica, 278 AD2d 788, 788 [4th Dept 2000], lv denied 96 NY2d 709 [2001], quoting Tomassi v Town of Union, 46 NY2d 91, 97 [1978]; see Pinter v Town of Java, 134 AD3d 1446, 1446-1447 [4th Dept 2015]). In this case, defendant adequately established that the road in question was reasonably safe (i.e., that defendant did not breach its road-maintenance duty), and plaintiffs…

2Cases cited6 opinions

  1. Tomassi v. Town of UnionNew York Court of Appeals · 1978
  2. Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  3. Portanova v. Trump Taj Mahal AssociatesAppellate Division of the Supreme Court of the State of New York · 2000
  4. Sideris v. Simon A. Rented Services Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Palloni v. Town of AtticaAppellate Division of the Supreme Court of the State of New York · 2000

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