Horn v. Town of Clarkstown

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Nelson, J.), dated October 6, 2005, which granted the *622motion of the defendants Town of Clarkstown, Town of Clarkstown Highway Department, and the Superintendent of Highways of the Town of Clarkstown for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

“As a general rule, a municipality will not be held responsible for the negligent design of a highway it does not own or control” (Carlo v…