Hugelmaier v. Town of Sweden

Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff was injured in a one-car accident on a county road situated within the Town of Sweden. On a prior appeal, we determined that plaintiff failed to demonstrate any negligence on the part of the Town of Sweden, and we granted summary judgment in favor of the town (Hugelmaier v Town of Sweden, 101 AD2d 995, affd 63 NY2d 909). Following that decision, the County of Monroe amended its answer to assert collateral estoppel as an affirmative defense. The county…