COOK v. TOWN OF NASSAU


40 A.D.2d 1050 (1972)

Connie M. Cook, as Administratrix of The Estate of William P. Cook, Deceased, Respondent, v. Town of Nassau, Appellant. (And One Other Action.)

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

December 14, 1972


On June 1, 1969, at about 8:00 P.M., William P. Cook, 21, sustained fatal injuries when the motorcycle he was operating hit a series of potholes and plunged off a culvert on Old Route 20, a public highway under the maintenance and control of the Town of Nassau, in Rensselaer County. John H. Lynch, then 18, was a passenger on this vehicle and sustained personal injuries. The primary question to be determined on this appeal is whether it was erroneous for the trial court to...

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