D'ANGELO v. COLE


67 N.Y.2d 65 (1986)

Samuel J. D'Angelo, Respondent, v. Mary Cole et al., Constituting the Village Board of the Village of Avon, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 19, 1986.


Attorney(s) appearing for the Case

Dennis S. Cohen and Harold J. Van Opdorp for appellants.

James McCann for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and ALEXANDER concur; Judge HANCOCK, JR., taking no part.


TITONE, J.

We are called upon to determine whether a village may constitutionally impose strict maintenance standards upon private road owners and, in the event of an owner's failure to comply, whether the village may repair the road and seek reimbursement in a civil action. As shall be demonstrated, the village may impose such maintenance standards, but may not recover the costs in a civil suit against the owner...

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