DRAKE v. COUNTY OF HERKIMER


15 A.D.3d 834 (2005)

788 N.Y.S.2d 770

JENNIFER DRAKE et al., Respondents, v. COUNTY OF HERKIMER, Appellant. (Action No. 1.) ALAN DRAKE, as Parent and Natural Guardian of QUENTON DRAKE, Respondent, v. COUNTY OF HERKIMER, Appellant. (Action No. 2.)

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

February 4, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

This appeal arises in two consolidated actions commenced by plaintiffs to recover for personal injuries sustained in a single-car accident occurring at an intersection on a highway owned by defendant. It is well established that municipalities have a duty to maintain their roads in a reasonably safe condition for motorists and must guard...

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