You are here: / / ALTHOUGH THE VILLAGE BUILT THE BRIDGE, THE VILLAGE NEVER IMPLEMENTED THE...

ALTHOUGH THE VILLAGE BUILT THE BRIDGE, THE VILLAGE NEVER IMPLEMENTED THE PROCEDURES IN THE VILLAGE CODE FOR ASSUMING CONTROL OVER THE BRIDGE, THEREFORE THE TOWN WAS RESPONSIBLE FOR REPAIR (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Stein, over a dissent, reversing the Appellate Division, determined that the Town, not the Village, was responsible for the repair of a bridge. Although the bridge apparently had been built by the Village, the procedure for assuming control over the bridge laid out in the Village Code, which includes a resolution and a permissive referendum, was never implemented. The case turned on interpretation of the code provisions:

The Town argues, and the Appellate Division held, that a village has discretion to assume control of bridges in ways other than those enumerated in Village Law § 6-606. We disagree. ” [W]here a law expressly describes a particular act, thing or person to which it shall apply, an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted or excluded'” … . Here, the legislature has limited the methods by which a village may assume control of a bridge by establishing specific procedures to be followed … . Had the legislature intended for a village to have the ability to unilaterally construct, and thereby control, a bridge—without regard to the passage of resolutions, agreements with the town, or permissive referendums—the legislature could easily have so stated, and its failure to do so compels the conclusion that such other methods of assuming control are ineffective … . Town of Aurora v Village of E. Aurora, 018 NY Slip Op 07923, CtApp 11-20-18

MUNICIPAL LAW (TOWN VS VILLAGE, ALTHOUGH THE VILLAGE BUILT THE BRIDGE, THE VILLAGE NEVER IMPLEMENTED THE PROCEDURES IN THE VILLAGE CODE FOR ASSUMING CONTROL OVER THE BRIDGE, THEREFORE THE TOWN WAS RESPONSIBLE FOR REPAIR (CT APP))/BRIDGES (MUNICIPAL LAW, TOWN VS VILLAGE, ALTHOUGH THE VILLAGE BUILT THE BRIDGE, THE VILLAGE NEVER IMPLEMENTED THE PROCEDURES IN THE VILLAGE CODE FOR ASSUMING CONTROL OVER THE BRIDGE, THEREFORE THE TOWN WAS RESPONSIBLE FOR REPAIR (CT APP))/TOWN VS VILLAGE (MUNICIPAL LAW, BRIDGES, ALTHOUGH THE VILLAGE BUILT THE BRIDGE, THE VILLAGE NEVER IMPLEMENTED THE PROCEDURES IN THE VILLAGE CODE FOR ASSUMING CONTROL OVER THE BRIDGE, THEREFORE THE TOWN WAS RESPONSIBLE FOR REPAIR (CT APP))

You might also like
TENURED TEACHERS WERE NOT ENTITLED TO A HEARING BEFORE BEING PLACED ON LEAVE BECAUSE THEY DID NOT SUBMIT PROOF OF VACCINATION AGAINST COVID; HEARINGS ARE REQUIRED IN DISCIPLINARY PROCEEDINGS, BUT NOT WHERE, AS HERE, TEACHERS FAIL TO COMPLY WITH A CONDITION OF EMPLOYMENT (CT APP).
HEARSAY STATEMENT BY AN UNAVAILABLE WITNESS SHOULD HAVE BEEN ADMITTED AS A STATEMENT AGAINST PENAL INTEREST.
Retroactive Application of Tax Law 632 Amendments, Which Clarified that Installment Payments Re: a Deemed Asset Sale Will Be Treated as New York-Source Income, Did Not Violate Plaintiffs’ Due Process Rights
SCHOOL DISTRICTS DO NOT HAVE THE AUTHORITY TO OVERSEE PRE-KINDERGARTEN PROGRAMS OFFERED BY CHARTER SCHOOLS, BECAUSE THE ISSUE IS ONE OF PURE STATUTORY INTERPRETATION, DEFERENCE TO THE COMMISSIONER OF EDUCATION’S CONTRARY CONCLUSION IS NOT REQUIRED (CT APP).
Building Which Included Residential (Hotel) and Non-Residential Sections Constituted a “Dwelling” Supporting Defendant’s Conviction for Burglary in the Second Degree
In Disability Discrimination Suits Brought Under the NYS and NYC Human Rights Law, to Prevail on Summary Judgment, the Employer Must Demonstrate It Engaged in a Good Faith Interactive Process to Consider a Proposed Accommodation
Records of Criminal Proceedings Sealed Pursuant to Criminal Procedure Law 160.50 Can Be Accessed by the Commission on Judicial Misconduct Investigating the Alleged Misconduct of a Judge—The Law Surrounding the Sealing of Criminal Records Explained—Mootness Doctrine Explained
BASED ON THE UNAMBIGUOUS LANGUAGE OF THE POLICY, THE TERM “OCCURRENCE” REFERRED TO EACH TIME A MEMBER OF THE CLASS WAS INJURED, NOT TO A SINGLE INJURY TO THE CLASS AS A WHOLE; THEREFORE THE DEDUCTIBLE WAS TRIGGERED SEPARATELY FOR EACH INJURED CLASS MEMBER.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

SCHOOL DISTRICTS DO NOT HAVE THE AUTHORITY TO OVERSEE PRE-KINDERGARTEN PROGRAMS... THE PROSECUTION’S FAILURE TO PRESENT A WITNESS TO THE GRAND JURY, AS REQUESTED...