Legal Opinion

Evans v. State of New York

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

Decided July 23, 2015No. 520198PublishedCited by 4 opinions

1Opinion of the CourtLynch, J.

Appeal from a judgment of the Court of Claims (Hard, J.), entered February 28, 2014, upon a decision of the court following a bifurcated trial in favor of defendant on the issue of liability.

Claimant, who was a Warren County Deputy Sheriff, was injured on May 16, 2009 while responding to a call at approximately 3:00 a.m. on State Route 8 in the Town of Horicon, Warren County. It is not disputed that it had been raining steadily throughout the evening. Claimant alleged that the roadway washed out, creating a sinkhole that caused his car to bottom out, launch into the air and land with such…

2Cases cited6 opinions

  1. Friedman v. State of New YorkNew York Court of Appeals · 1986
  2. Wittorf v. City of New YorkNew York Court of Appeals · 2014
  3. Winney v. County of SaratogaAppellate Division of the Supreme Court of the State of New York · 2004
  4. Ball v. StateAppellate Division of the Supreme Court of the State of New York · 2013
  5. Graff v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by4 opinions

  1. Schroeder v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  2. Lake v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  3. Barnes v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  4. Driscoll v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018

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