Congratulations to Partner Judi Aumand on winning 2 recent motions!

In the first case, Plaintiff was injured when the vehicle in which she was traveling attempted to make a left turn from the Town of Halfmoon owned Lansing Lane across State owned Route 9 and was struck by another vehicle.  Plaintiff argued that the Town was responsible for the intersection and should have been aware that it was a dangerous condition because there were insufficient sight distances.  The Court granted our motion for summary judgment, relying on the cases cited in our motion, holding that there was no dangerous condition and that the Town is specifically prohibited from acting on such intersections.  Intersections of a Town road with a State highway are exclusively the responsibility of the State. The Court also cited the decision from another BSMH win, Mayorga v. Berkshire Farm Center, pertaining to duty owed to plaintiff, in reaching the decision in this case.

On another case, Plaintiffs constructed a six foot stockade privacy fence along Fox Hollow Road.  In snowplowing the road, the Town of Shandaken had inadvertently caused sections of the fence to be knocked down or otherwise damaged.  Plaintiff claimed negligence and trespass.  The Court granted the Town summary judgment as it has previously been established through another case in Ulster County some ten years prior that Fox Hollow Road is a highway by use pursuant to Highway Law Section 189.  This statute provides that a Town has a right to maintain its roads by using not only the paved portion but also that width necessary for proper maintenance.  As the plaintiffs’ fence fell within that width, the Town was justified in its actions.