Legal Opinion
Benjamin v. State
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 1994PublishedCited by 7 opinions
1Opinion of the CourtCrew Iii, J.
Appeal from a judgment in favor of the State, entered November 13, 1992, upon a decision of the Court of Claims (Bell, J.).
On January 11, 1990, claimant David T. Benjamin (hereinafter Benjamin) sustained personal injuries when the vehicle he was operating veered off State Route 9B in the Town of Champlain, Clinton County, and struck a railroad rail marking a nearby culvert. Benjamin and his spouse commenced this action alleging that the State was negligent in failing to replace the railroad rail with a flexible marker made of material that would collapse when struck by a vehicle. After a…
2Cases cited3 opinions
- Long v. Forest-FehlhaberNew York Court of Appeals · 1982
- Washington County Sewer District No. 2 v. WhiteAppellate Division of the Supreme Court of the State of New York · 1992
- Mason v. StateAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by7 opinions
- Merino v.New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
- Guan v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Hay v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Guzov v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Opn. No., New York Attorney General Reports2003
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