Legal Opinion

Segnit v. State

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

Decided March 13, 1989No. Claim No. 68368PublishedCited by 2 opinions

1Opinion of the Court

In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Lengyel, J.), dated February 27, 1987, which, after trial, dismissed her claim.

Ordered that the judgment is affirmed, without costs or disbursements.

The Court of Claims properly dismissed the claim. The claimant’s expert testified that when the subject bridge was built approximately 50 years ago it met the then-current standards. The State was not obligated to subsequently replace the cast iron guardrails simply because better guardrails became available (see, Van De Bogart v…

2Cases cited7 opinions

  1. Weiss v. FoteNew York Court of Appeals · 1960
  2. Van De Bogart v. StateAppellate Division of the Supreme Court of the State of New York · 1987
  3. Zalewski v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  4. Holscher v. StateAppellate Division of the Supreme Court of the State of New York · 1977
  5. Holscher v. StateNew York Court of Appeals · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Trautman v. StateAppellate Division of the Supreme Court of the State of New York · 1992
  2. Kerns v. StateAppellate Division of the Supreme Court of the State of New York · 1996

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