Flynn v. North Hempstead

In Flynn v. North Hempstead (97 AD2d 430 [2d Dept. 1983]), the Second Department construed Highway Law, 140, subd 18, which imposes a similar obligation on Towns to maintain the sidewalk adjacent to a State highway. In that case, plaintiff tripped and fell over a metal traffic signpost which was lying in the sidewalk area, sustaining physical injury. The Court affirmed Special Term's determination that the town had a duty to maintain the sidewalk adjacent to Jericho Turnpike, both because the accident occurred within the sidewalk area, and because defendant town has a duty to maintain the sidewalk adjacent to a State highway.