LUGO v. COUNTY OF ESSEX, INC.


260 A.D.2d 711 (1999)

687 N.Y.S.2d 475

TIMOTHY LUGO, an Infant, by SUSANA LUGO, His Mother and Guardian, et al., Respondents-Appellants, v. COUNTY OF ESSEX, INC., a Municipal Corporation, Appellant, and TOWN OF NORTH ELBA, Respondent.

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

Decided April 1, 1999.


Graffeo, J.

Plaintiffs Timothy Lugo and Martha Castillo were injured when the vehicle in which they were passengers slid off Old Raybrook Road in the Town of North Elba, Essex County. At the time of the accident, defendant County of Essex, Inc. was the owner of the roadway which was originally designed and constructed by the State. Pursuant to a contract with the County, defendant Town of North Elba was responsible for plowing, salting, and sanding the road. Plaintiffs...

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