Traver v. City of Saratoga Springs

OPINION OF THE COURT

William L. Ford, J.

This is an application by the defendant for an order dismissing the complaint pursuant to CPLR 3212.

The plaintiff Michael L. Traver (hereinafter referred to as plaintiff) is a fireman employed by the defendant. He commenced this action to recover damages for personal injuries sustained as a result of a collision between a fire truck in which he was riding and another vehicle at an intersection located in the defendant’s jurisdiction. The action is premised on a failure of the defendant to properly maintain the intersection where the accident occurred…