New York Court of Appeals
Ettore Tomassi v. Town of Union, Appellant Ettore Tomassi v. Louis Forbidussi, Appellants Robert Corwin v. Margaret…
December 7, 197846 N.Y.2d 91
Summary
The New York Court of Appeals affirmed the dismissal of the town's liability, holding that a municipality is not an insurer of roadway safety and that the existence of a drainage ditch adjacent to Buffalo Street did not create an unreasonable danger. The court found no proximate cause linking the town's design to the accident, which was caused by the drivers' negligence.