In Weiss v. Fote (7 NY2d 579) the Court of Appeals stated "that the traditional reliance on a jury verdict to assess fault and general tort liability is misplaced where a duly authorized planning body has entertained and passed on the very same question of risk as would ordinarily go to the jury." As a result, the Court held that "liability for injury arising out of the operation of a duly executed highway safety plan may only be predicated on proof that the plan either was evolved without adequate study or lacked reasonable basis" (Id. at 588-9).