Good v. County of Sullivan

Appeal from a judgment of the Supreme Court (Kane, J.), entered September 27, 1995 in Sullivan County, upon a dismissal of the complaint at the close of plaintiff’s case.

Earlier, assessing motions for summary judgment, we found that questions of fact arguably existed with respect to whether defendant was chargeable with negligence in the design or construction of the roadway where the subject automobile accident occurred (198 AD2d 706, 707-708). These claims, unlike those based upon allegations of negligent repair and maintenance, were not foreclosed by plaintiff’s failure to plead and prove…