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MENTE v. COUNTY OF TIOGA

18 A.D.2d 863 (1963)

Carol Mente, an Infant, by Orlo Mente, Her Guardian ad Litem, et al., Respondents, v. County of Tioga, Appellant Sally Harper, an Infant, by Ruth Cole, Her Guardian ad Litem, et al., Respondents, v. County of Tioga, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 16, 1963

Broadly and liberally construed the pleadings attacked may be read to allege a breach of a duty on the part of the local authority to warn and guide westbound travelers on the county highway of alleged impending danger (Vehicle and Traffic Law, § 1682) quite apart from any such imposed upon the State of New York at an intersection of a county road and a State highway. (Vehicle and Traffic Law, § 1681, subd. [a]; Highway Law, § 43.) Such averments we believe...

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