SCATTAREGGIA v. POWER CORP.


134 Misc.2d 234 (1986)

Frances Scattareggia, Individually and as Administratrix of The Estate of Frank Scattareggia, Deceased, Plaintiff, v. Niagara Mohawk Power Corporation et al., Defendants.

Supreme Court, Rensselaer County.

December 30, 1986


Attorney(s) appearing for the Case

Bloomberg & Santola for plaintiff. Lee, LeForestier, Malone & Hanft, P. C., for Niagara Mohawk Power Corporation, defendant. Carter, Conboy, Bardwell, Case & Blackmore for Town of Nassau, defendant. James T. Viger for Walter Miller, defendant. De Angeles, Kaplowitz, Rice & Murphy for Janet Brown and another, defendants.


WILLIAM H. KENIRY, J.

Is a landowner who maintains a "fieldstone" wall on his property adjacent to a town highway in a rural area legally responsible if a motorist fails to negotiate a curve, leaves the roadway and crashes into the wall, sustaining serious injuries resulting in his death? That is the central issue now presented for this court's resolution on this motion for summary judgment.

Plaintiff...

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