Legal Opinion

Phyllis Economou v. State

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 1998Published

1Opinion of the Court

—In a claim to recover damages for personal injuries, the claimants appeal from a judgment of the Court of Claims (Ruderman, J.), dated April 7, 1997, which, after a trial on the issue of liability only, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

*440It is well settled that the State is not an insurer of the safety of persons using its highways (see, Ventola v New York State Thruway Auth., 142 AD2d 674).

We agree with the Court of Claims that the claimants failed to prove that the absence of the subject sign was a proximate cause of this accident.

The claimants’ remaining…

2Cases cited1 opinion

  1. Ventola v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1988

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