In Bottalico v. State of New York (59 N.Y.2d 302 [1983]), the Court of Appeals, again speaking through by then Chief Judge Cooke, distinguished Tomassi from a case of an alleged negligently maintained highway shoulder improvement, stating: "In Tomassi v. Town of Union (46 N.Y.2d 91, 385 N.E.2d 581, 412 N.Y.S.2d 842), a municipality was held to be not liable for injuries caused when an automobile was negligently driven off a paved roadway into a drainage ditch. Implicit in that decision was that the municipality had no duty to improve and maintain the land abutting the roadway in a reasonably safe condition for passage by automobiles. Given that the road itself was adequately constructed, it was held that travel on adjacent land unimproved for use by automobiles was "neither contemplated nor foreseeable'" ( 59 N.Y.2d at 305 ).