Toohey v. Town of Brunswick

Yesawich Jr., J. P.

Appeal from an order of the Supreme Court (Travers, J.), entered March 9, 1992 in Rensselaer County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

When plaintiff, driving a fully laden dump truck on Liberty Road, an unmarked gravel road in the Town of Brunswick, Rensselaer County, pulled toward the right side of the road to permit an approaching vehicle to pass, the shoulder of the road collapsed, causing plaintiff’s truck to roll on its side into an adjacent ditch. Plaintiff thereafter commenced this action to recover for his…