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COLGAN v. TOWN OF HILLSDALE

68 N.Y.2d 788 (1986)

John W. Colgan et al., Appellants, v. Town of Hillsdale, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided September 9, 1986.

Attorney(s) appearing for the Case

David L. Krech for appellants.

Carl Rosenbloom for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the defendant town's motion for summary judgment denied.

Although municipalities have no duty to preserve the lateral support to adjacent land in the construction and maintenance of highways and roads (Radcliff's Executors v Mayor, 4 N.Y. 195, 203; see, New York Steam Co. v Foundation Co., 195 N.Y. 43, 50), municipalities...

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