Legal Opinion

Rockenstire v. State

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

Decided January 14, 2016Published

1Opinion of the Court

Garry, J.P.

Appeal from an order of the Court of Claims (McCarthy, J.), entered August 7, 2014, which granted claimants’ motion for summary judgment on the issue of liability.

While operating his motorcycle on Route 143 in the Town of Coeymans, Albany County, claimant George Rockenstire passed over a stretch of road that was littered with loose stone and gravel, causing him to lose control of his motorcycle and collide with another vehicle. Rockenstire and his spouse, derivatively, commenced this action claiming damages arising from defendant’s alleged negligence in constructing and maintaining…

2Cases cited15 opinions

  1. Friedman v. State of New YorkNew York Court of Appeals · 1986
  2. Cancellaro v. ShultsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Lamey v. County of CortlandAppellate Division of the Supreme Court of the State of New York · 2001
  4. Brown v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  5. Ioffe v. Hampshire House Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 2005

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