Gould v. County of Orleans

Order unanimously affirmed, with costs. Memorandum: Special Term properly denied the motion of defendant County of Orleans for summary judgment in these actions which arose out of a two-car head-on collision inside a one-lane tunnel beneath the Barge Canal on Culvert Road, a county highway in Orleans County. The county first contends that the underpass is owned and maintained by the State of New York and that it has no duty to install appropriate warning signs and traffic control devices on the approaches to the underpass. At this stage of the proceedings, the proof is not sufficiently…