Opinion
December 26, 1991
Appeal from the Supreme Court, Erie County, McGowan, J.
Present — Doerr, J.P., Boomer, Green, Pine and Balio, JJ.
Order unanimously affirmed without costs. Memorandum: Defendant, County of Erie, in moving for summary judgment dismissing this personal injury action arising out of an automobile accident on a county highway, relied upon the principle of limited immunity enunciated in Weiss v Fote ( 7 N.Y.2d 579, rearg denied 8 N.Y.2d 934). That reliance was inappropriate because defendant failed to show that its decision not to install a snow fence was the product of an adequate study. Whether defendant was negligent and, if so, whether that negligence was the proximate cause of plaintiff's injuries, cannot be decided until all of the facts are developed at trial.