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TOWN AURORA v. VILLAGE AURORA

No. 116.

32 N.Y.3d 366 (2018)

116 N.E.3d 64

91 N.Y.S.3d 773

2018 NY Slip Op 07923

TOWN OF AURORA, a Municipal Corporation, Respondent, v. VILLAGE OF EAST AURORA, a Municipal Corporation, Appellant.

Court of Appeals of New York.

Decided November 20, 2018.

Attorney(s) appearing for the Case

Bartlo, Hettler, Weiss & Tripi, Kenmore ( Paul D. Weiss and Yvonne S. Tripi of counsel), for appellant.

Magavern Magavern Grimm LLP, Buffalo ( Edward J. Markarian of counsel), and Bennett, DiFilippo & Kurtzhalts, LLP, Holland ( Ronald P. Bennett of counsel), for respondent.

Richard J. Sinnott , Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

OPINION OF THE COURT

On this appeal, we are asked to determine which party, plaintiff Town of Aurora or defendant Village of East Aurora, is responsible for the maintenance and repair of the Brooklea Drive Bridge, located within both of the municipalities. Because the Village did not assume control of the bridge pursuant to Village...

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