green
Positive treatment
11.6 score
Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Bednoski v. County of Suffolk
Here, the County’s submissions failed to eliminate all triable issues of fact as to whether its alleged negligence in failing to place guardrails near the concrete headwall on County Road 48 was a substantial factor in aggravating the plaintiff’s injuries (see Gutelle v City of New York, 55 NY2d at 796 ; Dodge v County of Erie, 140 AD3d 1678, 1679 [2016]; Langer v Xenias, 134 AD3d 906, 908 [2015]; Poveromo v Town of Cortlandt, 127 AD3d at 838; Haeg v County of Suffolk, 64 AD3d 680 [2009]).
discussed
Cited "see"
Stiggins v. Town of North Dansville
(2×)
In other words, a [*2]municipality is not relieved of liability for failure to keep its roadways in a reasonably safe condition "whenever [an accident] involves driver error" ( Turturro , 28 NY3d at 482 ; see Dodge v County of Erie , 140 AD3d 1678, 1679 [4th Dept 2016]; cf. Tomassi v Town of Union , 46 NY2d 91, 97 [1978]).
Retrieving the full opinion text from the archive…
The Shore Winds, LLC, Respondent,
v.
Sebastian Caccamo, Appellant
v.
Sebastian Caccamo, Appellant
CA 15-01272.
Appellate Division of the Supreme Court of the State of New York.
Jun 10, 2016.
Centra, Peradotto, Lindley, Dejoseph, Nemoyer.
Published
Appeal from an amended order and judgment (one paper) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered October 3, 2014. The amended order and judgment granted the motion of plaintiff for a money judgment pursuant to CPLR 3215.
It is hereby ordered that said appeal is unanimously dismissed without costs (see CPLR 5511; Lauer v City of Buffalo, 53 AD3d 213, 216 [2008]; Johnson v McFadden Ford, 278 AD2d 907, 907 [2000]).
Present — Centra, J.P., Peradotto, Lindley, DeJoseph and NeMoyer, JJ.