Legal Opinion

Toms v. State

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

Decided May 31, 2005No. Claim No. 100978Published

1Opinion of the Court

In a claim to recover damages for personal injuries, etc., the claimants appeal from a judgment of the Court of Claims (Mignano, J.), dated May 18, 2004, which, after a nonjury trial on the issue of liability, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

Contrary to the claimants’ contention, the defendant New York State Thruway Authority (hereinafter the Thruway Authority) did not maintain its property in an unreasonable *866manner (see Preston v State of New York, 59 NY2d 997, 998 [1983]; see also Doyle v State of New York, 271 AD2d 394, 395 [2000]; Green v State of New…

2Cases cited5 opinions

  1. Preston v. StateNew York Court of Appeals · 1983
  2. Doyle v. StateAppellate Division of the Supreme Court of the State of New York · 2000
  3. Green v. StateAppellate Division of the Supreme Court of the State of New York · 1995
  4. Gallo v. StateAppellate Division of the Supreme Court of the State of New York · 2002
  5. Palmeri v. StateAppellate Division of the Supreme Court of the State of New York · 1994

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