Urbaniak v. Town of Clay

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: While riding his bicycle on Turtle Cove Road in the Town of Clay, plaintiffs’ son, Eric, heard a noise behind him and turned his bicycle into the gutter in the shoulder of the road. The front tire of the bicycle caught between the longitudinal bars of the sewer grate in the gutter, and Eric flipped over the handlebars and suffered injuries. Plaintiffs, as parents and natural guardians of Eric, allege in the complaint that defendant failed to design and install the grate with sufficient…