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Coverage since June 24, 2026

Government Tort Claims

Appellate Division, Fourth Department
Uncategorized

Montes v. City of Rochester — Municipal Road-Maintenance Duty Does Not Extend to Adjacent Homeowners Struck by Speeding Vehicle

The Fourth Department holds that Rochester’s proprietary duty to maintain safe roads runs only to the traveling public, not to homeowners whose property is struck by a speeding vehicle at a T-intersection, absent a special duty running to them specifically.

Appellate Division, Fourth Department
Uncategorized

Thurston v. Howard — Police U-Turn Negligence Upheld; VTL § 1104 Reckless Disregard Defense Lost to Discovery Sanction

The Fourth Department affirms a $908,000 verdict against Erie County after a deputy’s incomplete U-turn blocks a bus lane, holding that the VTL § 1104 reckless disregard defense was validly precluded as a discovery sanction and that the directed verdict on negligence was proper.

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