Mason v. State

OPINION OF THE COURT

Mahoney, J.

This personal injury action against the State arises out of claimant’s fall over uneven and broken pavement around a storm drain located in a paved culvert adjacent to State Route 150 in the Village of Castleton-on-Hudson, Rensselaer County. The essence of claimant’s claim is that the State was negligent in designing, constructing and maintaining the culvert. During the trial held solely on the issue of liability, it was established that Route 150 was a State road and that the adjacent culvert was within the State’s right-of-way. While the culvert and storm…