Lattanzi v. State

Herlihy, J. (dissenting).

Upon the present record, the claimants have failed to establish any ground for liability on the part of the State of New York or the Long Island State Park and Recreation Commission (LISP) which would be a basis for jurisdiction in the Court of Claims.

It is undisputed that in 1967 when the decision was made by LISP to utilize the combination steel cable and wooden guardrail at issue herein, there was a great deal of uncertainty and dispute among the professionals concerned with *381guardrails as to what materials and designs should be utilized on highways in this State…