TOOHEY v. TOWN OF BRUNSWICK


191 A.D.2d 858 (1993)

595 N.Y.S.2d 132

Frederick J. Toohey, III, Appellant, v. Town of Brunswick, Respondent

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

March 11, 1993


Yesawich Jr., J. P.

When plaintiff, driving a fully laden dump truck on Liberty Road, an unmarked gravel road in the Town of Brunswick, Rensselaer County, pulled toward the right side of the road to permit an approaching vehicle to pass, the shoulder of the road collapsed, causing plaintiff's truck to roll on its side into an adjacent ditch. Plaintiff thereafter commenced this action to recover for his injuries, alleging that the accident was the result...

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