Hutley v. New York State Thruway Authority

*869OPINION OF THE COURT

Gerard M. Weisberg, J.

In the early hours of February 29, 1984, Frederick Hutley, driving a tractor trailer full of Perdue chickens, ran into a 3-foot by 2-foot by 8-inch deep pothole in the center lane of the New England Thru way in The Bronx, New York. As a result, he lost control of the vehicle which ran across the right lane and shoulder, crashed through the corner of the parapet protecting the overpass above the Hutchinson River Parkway, went down the embankment and came to rest on the roadway some 25 to 30 feet below.

Defendant, New York State Thruway Authority…