Burcroff v. County of Orleans

OPINION OF THE COURT

Arthur B. Curran, J.

The defendant, Town of Kendall, moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the claims and cross claims against said defendant upon the ground that there are no factual or legal issues of fact to support the plaintiff’s claims.

This action arises out of an automobile accident which occurred on September 1, 1978, at approximately 9:30 p.m. The road upon which the accident transpired was a dead-end street. The plaintiff’s vehicle proceeded past the end of the pavement, over an embankment and dropped approximately 15 feet…