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TOMASSI v. TOWN OF UNION

46 N.Y.2d 91 (1978)

Ettore Tomassi et al., Respondents, v. Town of Union, Appellant. Ettore Tomassi et al., Respondents, v. Louis Forbidussi et al., Appellants. Robert Corwin et al., Respondents, v. Margaret Tanzini et al., Appellants. Robert Corwin et al., Respondents, v. Louis Forbidussi, Appellant. Louis Forbidussi et al., Plaintiffs, v. Margaret Tanzini et al., Defendants.

Court of Appeals of the State of New York.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Thomas F. O'Connor for Louis Forbidussi, appellant.

David M. Gouldin for Margaret Tanzini and another, appellants.

Brian R. Wright for Town of Union, appellant.

Remo A. Allio and Harold Boreanez for Robert Corwin and another, respondents.

Vincent P. Vetrano for Ettore Tomassi and another, respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

Buffalo Street is a lightly traveled, east-west, two-lane roadway traversing a sparsely populated section of the Town of Union in Broome County. The macadam pavement is approximately 22 feet wide, with a shallow storm-water drainage ditch flanking both sides. On its southerly side, a driveway, built over a 15-inch sluice pipe in the drainage ditch, connects Buffalo Street with the Serowik home. The Serowiks...

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