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DUFFY v. COUNTY OF CHAUTAUQUA

206 A.D.2d 830 (1994)

616 N.Y.S.2d 301

Linda Duffy, as Administratrix of The Estate of John P. Duffy, Deceased, Respondent, v. County of Chautauqua, Appellant. (Action No. 1.) James Evans et al., Respondents, v. County of Chautauqua, Appellant and Third-Party Plaintiff, et al., Third-Party Defendants. (Action No. 2.) William A. Stuart et al., Respondents, v. County of Chautauqua, Appellant and Third-Party Plaintiff, et al., Third-Party Defendants. (Action No. 3.)

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

July 15, 1994

Order affirmed with costs.

Lawton, J. (dissenting).

I respectfully dissent. The sole proximate cause of the bridge collapse is the conduct of the third-party defendant G & J Construction Corporation's president and plaintiff's decedent in driving a 17-ton crane and a four-ton truck, respectively, over a one-lane bridge limited to vehicles weighing less than eight tons. Given those circumstances, i.e., 21 tons being placed on an eight-ton bridge...

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