DURHAM v. COUNTY OF CLINTON


284 A.D.2d 710 (2001)

726 N.Y.S.2d 759

ROBERT DURHAM, as Guardian of YVETTE S. DURHAM, an Incapacitated Person, Respondent, v. COUNTY OF CLINTON, Appellant, et al., Defendant.

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

Decided June 14, 2001.


Crew III, J.

In March 1993, plaintiff's daughter sustained serious injuries as the result of a motor vehicle accident that occurred on County Route 57 in Clinton County. As a consequence, plaintiff commenced the instant action on behalf of his daughter against, among others, defendant County of Clinton (hereinafter defendant) alleging that the highway where the accident occurred was negligently designed, constructed and maintained. Following joinder of issue, defendant...

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