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STATE OF NEW YORK v. COUNTY OF ERIE

265 A.D.2d 853 (1999)

695 N.Y.S.2d 815

STATE OF NEW YORK, Respondent, v. COUNTY OF ERIE, Appellant.

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

Decided October 1, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiff's motion for partial summary judgment on liability and denied defendant's cross motion for a scheduling order. Plaintiff commenced this action pursuant to Vehicle and Traffic Law § 385 (2) seeking to recover for the damage caused by defendant's flatbed truck when it struck the underside of a New York State bridge over Route 219 in Orchard Park. Section 385 ...

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