AGRUSA v. TOWN OF LIBERTY


186 Misc.2d 420 (2000)

718 N.Y.S.2d 585

MATTEO AGRUSA et al., Plaintiffs, v. TOWN OF LIBERTY, Defendant.

Supreme Court, Sullivan County.

December 1, 2000.


Attorney(s) appearing for the Case

Boeggeman, George, Hodges & Corde, P. C., Albany (Mark J. Dolan of counsel), for defendant.

Gerald Orseck, Liberty, for plaintiffs.


OPINION OF THE COURT

BURTON LEDINA, J.

The defendant Town of Liberty (Town) moves for summary judgment in this negligence action against it. The facts, mostly undisputed, are thus considered in the light most favorable to the plaintiffs. According to Mr. Agrusa's deposition testimony, on February 28, 1999, the plaintiffs drove from Brooklyn to their home in Liberty on Benton Hollow Road. It was cloudy when they...

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