GROVER v. TOWN OF MONTOUR


252 A.D.2d 859 (1998)

675 N.Y.S.2d 686

Mary Grover, as Administrator of The Estate of Billie J. Bean, Deceased, Respondent, v. Town of Montour, Appellant, et al., Defendant

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

July 23, 1998


Cardona, P. J.

Unfortunately, plaintiff's 14-year-old son (hereinafter decedent) was fatally injured on June 29, 1994 while riding a bicycle on South Genesee Street in the Town of Montour, Schuyler County, when he struck a concrete wall under a railroad overpass. Plaintiff and decedent had taken a bicycle ride and, just prior to the accident, walked their bicycles up a hill. Decedent's bicycle did not have brakes and he was not

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