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