BOMMER v. COUNTY OF ERIE


178 A.D.2d 1015 (1991)

William Bommer, Respondent-Appellant, et al., Plaintiff, v. County of Erie, Appellant-Respondent. (Appeal No. 3.)

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

December 26, 1991


Order reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court should have granted defendant's motion to set aside the jury verdict in accordance with CPLR 4404 (a). Assuming that defendant's failure to erect the sign post in concrete constituted negligence, there was no showing that such negligence was the proximate cause of the accident. Plaintiff failed to produce any evidence that the failure to mount the post...

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