The question presented on this appeal is which of two municipalities, the Town of Ramapo or the Village of Chestnut Ridge, is responsible for the maintenance and repair of a severely deteriorated road structure. The structure at issue is located in the Village of Chestnut Ridge, which itself lies within the bounds of the Town of Ramapo, in Rockland County. It carries Pine Brook Road over a small brook known as the East Branch of the Saddle River. The structure, which appears to date from the 1930's, consists of concrete arches on structural steel stringers, supported on rubble masonry abutments. There is a span of 10 feet between abutments.
All parties agree that it is in an advanced state of deterioration.
Petitioner Village brought this CPLR article 78 proceeding seeking to compel respondents, the Town of Ramapo and its Superintendent of Highways, to repair or replace the structure to make it safe for public use. Relying on the decision of the Court of Claims in J.W. Brennan Constr. On appeal, the Appellate Division reversed. Since a culvert is considered part of the street, the Appellate Division held that responsibility for its repair and maintenance rested with the Village. We granted the Village leave to appeal, and now reverse.