In Niles v. County of Chautauqua (302 A.D.2d 1001 [4th Dept 2003], where the plaintiff driver swerved off a county highway to avoid a deer crossing the highway, and was injured when she hit a tree. Plaintiff claimed that the county was negligent in failing to post signs in the area warning of the hazard of deer crossing. Although the that claim was dismissed by summary judgment based upon the facts of that case, the Appellate Division implied that municipal notice of heavy deer traffic or deer/vehicle accidents in the area where the plaintiff encountered the deer would have raised an triable issue of fact ( id. at 1002-03).