Lips v. Town of Holland

Order unanimously reversed, without costs, motion granted, and complaint dismissed as to defendant County of Erie. Memorandum: This appeal involves a personal injury action brought by plaintiff against both the Town of Holland and the County of Erie for the negligent construction and maintenance of Blanchard Road, a Town of Holland highway. Plaintiff was injured when his tractor struck a hole on Blanchard Road and went out of control, veering across the highway and striking a tree. It is undisputed that defendant County of Erie had no knowledge of the alleged defect in Blanchard Road prior to…