COSTELLO v. BARR


83 A.D.2d 952 (1981)

Mark Costello, Respondent, v. Eileen Barr, Respondent, and County of Nassau, Appellant

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

September 28, 1981


Interlocutory judgment affirmed, without costs or disbursements.

In this negligence action, the credible evidence supports the jury's verdict holding the County of Nassau liable for 25% of the plaintiff's damages. The county, through its agent the Nassau County Police Department, had prior notice of the alleged unsafe condition which existed on a public highway within its jurisdiction. Its failure to correct the existing condition was a breach of its duty to maintain...

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