State v. County of Erie

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiffs motion for partial summary judgment on liability and denied defendant’s cross motion for a scheduling order. Plaintiff commenced this action pursuant to Vehicle and Traffic Law § 385 (2) seeking to recover for the damage caused by defendant’s flatbed truck when it struck the underside of a New York State bridge over Route 219 in Orchard Park. Section 385 (2) provides in relevant part that “[a]ny damage to * * * bridges * * * resulting from the use of a vehicle exceeding [13] feet in height where…