BRESCIANI v. COUNTY OF DUTCHESS


62 A.D.3d 639 (2009)

878 N.Y.S.2d 410

RICHARD BRESCIANI et al., Respondents, v. COUNTY OF DUTCHESS, NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 5, 2009.


Ordered that the order is affirmed, with costs.

On June 26, 2004 Mirella Bresciani was killed on Noxon Road (County Route 21), in the Town of LaGrange, when her car went off the road and crashed into a tree. The police accident report listed the roadway surface condition as "Wet," and noted "Pavement Slippery." Her husband, individually, and her children who were the executors of her estate, commenced this action against the County of Dutchess. The plaintiffs contend...

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