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ALEXANDER v. ELDRED

63 N.Y.2d 460 (1984)

Scott L. Alexander, Respondent, v. Frank D. Eldred et al., Respondents, and City of Ithaca, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1984.

Attorney(s) appearing for the Case

Robert A. Small for appellant.

Paul K. Lange for Scott L. Alexander, respondent.

Nancy L. Pontius for Frank D. Eldred and another, respondents.

Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur with Chief Judge COOKE; Judge JASEN dissents and votes to reverse in a separate opinion.

Chief Judge COOKE.

One who is injured in a traffic accident can recover against a municipality if it is shown that its failure to install a traffic control or warning device was negligent under the circumstances, that this omission was a contributing cause of the mishap, and that there was no reasonable basis for the municipality's inaction. As plaintiff here has satisfied...

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