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MONFISTON v. EKELMAN

248 A.D.2d 518 (1998)

670 N.Y.S.2d 53

Steven Monfiston et al., Appellants, et al., Plaintiffs, v. Scott M. Ekelman et al., Defendants, and County of Suffolk, Respondent. (Action No. 1.) Yolette Monfiston, Plaintiff, v. Scott Ekelman et al., Defendants. (Action No. 2.) Joanne Winter, Plaintiff, v. Yolette Monfiston et al., Defendants. (Action No. 3.)

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

March 16, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that the "liability [of a municipality] for injury arising out of the operation of a duly executed highway safety plan may only be predicated on proof that the plan either was evolved without adequate study or lacked reasonable basis" (Weiss v Fote, 7 N.Y.2d 579, 588-589). In order to hold a municipality liable, "something more than...

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