Practice point: A municipality has a duty to maintain its roadways in reasonably safe condition, and this duty extends to trees which are adjacent to the road and which could pose a danger to travelers.
Practitioners should note that a municipality will not be held liable unless it had actual or constructive notice of the dangerous condition.
Case: Ferrigno v. County of Suffolk, NY Slip Op 01773 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
