Legal Opinion · Dissent

Brown v. State

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

Decided December 30, 2010No. Claim No. 108961; Claim No. 110037Published

1Dissent

Centra, J.P., and Peradotto, J.

(dissenting). We respectfully dissent and would affirm the judgment dismissing the claims. Claimant was seriously injured and her husband (decedent) died when a pickup truck collided with their motorcycle at an intersection in Wayne County. The driver of the pickup truck stopped at the stop sign on Faddy Lane, but he failed to yield the right-of-way to decedent and pulled in front of and collided with the motorcycle. Decedent was operating the motorcycle on State Route 350 (Route 350), which did not have a stop sign or other traffic control device at the…

2Cases cited7 opinions

  1. Weiss v. FoteNew York Court of Appeals · 1960
  2. Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
  3. Friedman v. State of New YorkNew York Court of Appeals · 1986
  4. Alexander v. EldredNew York Court of Appeals · 1984
  5. In re City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2005

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