CANZANO v. TOWN OF GATES


85 A.D.2d 878 (1981)

Ronald N. Canzano, Respondent, v. Town of Gates, Appellant

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

December 11, 1981


Order unanimously reversed, on the law, without costs, and motion denied.

Memorandum:

In its answer to a complaint seeking recovery for injuries incurred because of the alleged negligent design, construction, maintenance and repair of the shoulder of a road, defendant interposed the affirmative defense of noncompliance with Local Law No. 1 of 1977 of the Town of Gates. Local Law No. 1 provides that no civil action may be maintained against the town for injuries...

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