The firm represented the Town of Delhi. The Village of Delhi commenced a combined CPLR article 78 and declaratory judgment proceeding against the Town of Delhi, asserting that the Town was responsible for an approximate 120 year old structure located in the Village of Delhi. The Village asserted that the Town was responsible for the structure because the structure was allegedly a “bridge” under Village Law 6-604, and that the Town was responsible for all “bridges” under that provision. The Town denied responsibility for the structure, based upon the Village’s pre-existing supervision and control of the structure since the 1890s
The lower court granted the Village’s request, and determined that the structure was a “bridge” under Village Law 6-604, and that the Town was responsible for the upkeep and repair of the structure under section 6-604. The Town appealed the lower court decision to the Appellate Division, Third Department. The appellate court annulled and reversed the lower court decision entirely, including the lower court’s finding that the structure was a “bridge”, and that the Town was responsible for the structure under Village Law 6-604.