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SHEPARDSON v. TOWN OF SCHODACK

83 N.Y.2d 894 (1994)

636 N.E.2d 1383

613 N.Y.S.2d 850

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

Court of Appeals of the State of New York.

Decided May 12, 1994.

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany (Susan DiBella Harvey and Kevin G. Grimes of counsel), for appellant.

Linnan, Bacon & Meyer, Albany (James D. Linnan of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA and CIPARICK concur; Judge SIMONS dissents and votes to reverse in an opinion in which Judge SMITH concurs; Judge LEVINE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The infant plaintiff, injured on July 13, 1988 by an oncoming car while riding his bicycle on Palmer Road in the Town of Schodack, brought suit against the Town, claiming negligent failure to maintain the roadside vegetation which had allegedly obscured the driver's view of plaintiff. The Town pleaded as an affirmative defense that plaintiff...

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