Legal Opinion

Fisher v. State

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

Decided November 26, 1979No. Claim No. 59313PublishedCited by 4 opinions

1Opinion of the Court

Appeal from a judgment in favor of claimant, entered November 13,1979, upon a decision of the Court of Claims. It appears undisputed that the accident happened on April 2, 1974 at about 11:30 a.m. on Route 22 at or near the intersection with Massachusetts Route 102. At the time of the accident, it was raining “moderately” and the road was wet, but from the photographs taken shortly after the accident there appears to be no accumulation of water. The decedent was driving a tractor trailer and proceeding in a northerly direction on Route 22 down a hill approximately two miles long, which, as…

2Cases cited2 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Wragge v. Lizza Asphalt Construction Co.New York Court of Appeals · 1966

3Cited by4 opinions

  1. Merrill Transport Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1983
  2. Wingerter v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  3. Ufnal v. Cattaraugus CountyAppellate Division of the Supreme Court of the State of New York · 1983
  4. Wingerter v. StateAppellate Division of the Supreme Court of the State of New York · 1980

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