POPOLIZIO v. COUNTY OF SCHENECTADY


49 A.D.3d 1117 (2008)

853 N.Y.S.2d 751

VINCENZO POPOLIZIO, Respondent, v. COUNTY OF SCHENECTADY, Appellant. (And Two Other Related Actions.) (And a Third-Party Action.)

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

Decided March 27, 2008.


Carpinello, J.

While driving down Gallupville Road in the Town of Duanesburg, Schenectady County, on a snowy December night, plaintiff was unable to negotiate a sharp curve at the end of a steep down grade in the road. His vehicle slid across the opposite lane of traffic, off the road and into a deep drainage ditch. Given its width, depth and steep side slopes, the ditch was not traversable. In this action commenced by plaintiff to recover for his resulting injuries...

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