Miller v. Tuchols
Opinion of the Court
Order unanimously reversed, with costs, third-party defendants’ motion granted and third-party complaint dismissed. Memorandum: Plaintiff Miller seeks to recover damages for the wrongful death of her intestate as the result of an automobile accident occurring at the intersection of Route 98, a State highway running generally north and south, and Genesee Road, a town road running generally east and west in the Town of Arcade, Wyoming County. Immediately before the collision, plaintiff’s intestate was proceeding easterly on Genesee Road approaching Route 98 and defendant Tuchols was operating a vehicle southerly on Route 98. There was no stop sign controlling eastbound traffic on Genesee Road at the time although such a sign had been posted on the east side of Route 98 controlling traffic proceeding westerly on Genesee Road. Defendant impleaded third-party defendants Town of Arcade and Wyoming County, alleging first that they failed in their duty to control eastbound traffic on Genesee Road as it entered the intersection. After discovery, in which the town highway superintendent testified that he had notified the State on one occasion that the stop sign was down, the court permitted third-party plaintiff to amend his pleadings to allege also that third-party defendants failed in a duty to request proper signing of the intersection by the State. Third-party defendants thereafter renewed their motion for summary judgment and it was denied. The general duty of State and local authorities to maintain highways in a “reasonably safe condition” is well established (Lopes v Rostad, 45 NY2d 617, 623; see Atkinson v County of Oneida, 77 AD2d 257, 259-260, and cases cited therein), and this duty includes providing adequate warning of dangerous conditions on the highway (Hicks v State of New York, 4 NY2d 1; McDevitt v State of New York, 1 NY2d 540, 544; Atkinson v County of Oneida, supra; Woodcock v County of Niagara, 52 AD2d 1087). The question on this appeal is who had the duty to sign Genesee Road on the east side of this intersection. The jurisdiction of various municipal bodies over the highways within their boundaries is spelled out in section 1651 of the Vehicle and Traffic Law which extends county
Case-law data current through December 31, 2025. Source: CourtListener bulk data.