Legal Opinion
Dubacs v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1988No. Claim No. 63180PublishedCited by 3 opinions
1Opinion of the Court
*969The finding that the State was negligent in failing to correct the icy road condition is supported by the evidence. It was established that the bridge had a propensity to freeze over before other roads in the area and that this was a recurrent and unusually severe condition of which the State had notice (see, Rooney v State of New York, 111 AD2d 159, 160). Further, it was shown that the State did not adopt and implement a reasonable plan for dealing with that specific hazard (see, Friedman v State of New York, 67 NY2d 271, 283-284; Weiss v Fote, 7 NY2d 579, 585-586).
There is no basis, on the…
2Cases cited7 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Friedman v. State of New YorkNew York Court of Appeals · 1986
- Rossman v. La GregaNew York Court of Appeals · 1971
- Hart v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1974
- Rooney v. StateAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by3 opinions
- Cruz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Betron v. StateAppellate Division of the Supreme Court of the State of New York · 1990
- Serbak v. UlrichAppellate Division of the Supreme Court of the State of New York · 1991