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CHESTNUT RIDGE v. HOWARD

92 N.Y.2d 718 (1999)

708 N.E.2d 988

685 N.Y.S.2d 915

In the Matter of Village of Chestnut Ridge, Appellant, v. Thomas J. Howard, as Superintendent of Highways of the Town of Ramapo, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 11, 1999.

Attorney(s) appearing for the Case

Doris F. Ulman, Village Attorney of Village of Chestnut Ridge, Suffern (Jan Ulman of counsel), for appellant.

Alan M. Simon, Town Attorney of Town of Ramapo, Suffern (Janice Gittelman of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, WESLEY and ROSENBLATT concur.

CIPARICK, J.

The question presented on this appeal is which of two municipalities, the Town of Ramapo or the Village of Chestnut Ridge, is responsible for the maintenance and repair of a severely deteriorated road structure. The answer to this question hinges upon whether the structure is a "bridge" or a "culvert."

I

The structure at issue is located in the Village of Chestnut Ridge, which itself...

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