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ROGERS v. TOWN OF RAMAPO

211 A.D.2d 775 (1995)

622 N.Y.S.2d 731

Joseph P. Rogers et al., Appellants, v. Town of Ramapo, Respondent

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

January 30, 1995

Ordered that the judgment is affirmed, with costs.

The plaintiffs' theory at trial in this personal injury action was that loose dirt on the roadway caused a hazardous condition which precipitated the subject motorcycle accident. Contrary to the plaintiffs' contentions, the allegedly hazardous condition is one which would not immediately come to the Town's attention absent actual notice thereof (see, Monteleone...

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