Legal Opinion · Dissent

Wood v. State

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

Decided July 18, 1985No. Claim No. 65513; Claim No. 65514; Claim No. 66703Published

1Dissent

Weiss, J. (dissenting).

I respectfully dissent. The arrangement of the traffic control devices is crucial to claimants’ assertion of negligence. There is little dispute that at the time of the accident, the signal was green for vehicles proceeding east or west on Route 11 and red for those proceeding north or south on Route 9. Nor is there any doubt that the red traffic signal for the southbound lane on Route 9 had not been working properly for at least one day before the accident. Significantly, the north face of the additional traffic light situated over the right turn lane had a steady red…

2Cases cited7 opinions

  1. Koester v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  2. Foley v. State of New YorkNew York Court of Appeals · 1945
  3. Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  4. Rugg v. StateAppellate Division of the Supreme Court of the State of New York · 1954
  5. Gleich v. VolpeNew York Court of Appeals · 1973

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