Shinder v. State

Casey, J. (dissenting).

In our opinion, the undisputed facts and circumstances surrounding the happening of this claimant’s accident, and the conduct of the New York State *255Police related thereto, supply no basis, as a matter of law, for a finding of negligence against the State. Therefore, we dissent and would dismiss the claim.

Conceding that the State is required to use reasonable care in maintaining its highways (Dodd v State of New York, 31 Misc 2d 112), it is not an insurer of the safety of travelers under all conditions (Gaines v Long Is. State Park Comm. of State of N. Y., 60 AD2d 724).…