SHEPARDSON v. TOWN OF SCHODACK


195 A.D.2d 630 (1993)

599 N.Y.S.2d 700

Benjamin Shepardson, an Infant, by Chris Shepardson, His Parent, Appellant, v. Town of Schodack, Respondent, et al., Defendant

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

July 1, 1993


Levine, J.

In July 1988 plaintiff, an infant, was seriously injured when he was struck while bicycling on Palmer Road in the Town of Schodack, Rensselaer County, by a car driven by defendant Kimberly Keenan. Suit was subsequently brought on plaintiff's behalf against Keenan and defendant Town of Schodack. The theory of liability asserted against the Town was that it had negligently failed to trim or remove brush, foliage and vegetation along Palmer Road...

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