Case Involving Failure to Remove a Snowbank Adjacent to a Guiderail

In Gomez v. New York State Thruway Auth. (73 NY2d 724), liability was predicated upon the Thruway's failure to remove a snowbank adjacent to the guiderail. It was undisputed that the Thruway had "adequate equipment, personnel and resources to remove the snowbank, but apparently simply determined not to do so."