Legal Opinion

Dailey v. New York State Thruway Authority

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

Decided June 4, 2014Published

1Opinion of the Court

In a claim to recover damages for personal injuries, etc., the claimants appeal from a judgment of the Court of Claims (Ruderman, J.), dated September 12, 2012, which, after a nonjury trial, is in favor of the defendant and against them dismissing the claim.

Ordered that the judgment is affirmed, with costs.

The Court of Claims properly concluded that there was no basis for imposing liability on the defendant New York State Thruway Authority (hereinafter the NYSTA) for the subject accident on the Mountainview Avenue Bridge (hereinafter the bridge). The court properly determined that…

2Cases cited5 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Pelaez v. SeideNew York Court of Appeals · 2004
  3. Carlino v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 1991
  4. Village of Mamaroneck v. Town of RyeAppellate Division of the Supreme Court of the State of New York · 2007
  5. Wright v. Cetek Technologies, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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