Fowle v. State
Appellate Division of the Supreme Court of the State of New York
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 (Lengyel, J.), dated August 27, 1990, which, after a nonjury trial on the issue of liability only, dismissed the claim.
Ordered that the judgment is affirmed, with costs.
The claimants contend that the trial court’s finding that the State had not had constructive notice of the defective condi*699tion of a twin tulip tree—a portion of which fell on the claimants’ vehicle as they drove on the Saw Mill River Parkway—was unsupportable. We disagree. While the State has a duty to…
2Cases cited10 opinions
- Friedman v. State of New YorkNew York Court of Appeals · 1986
- Ferris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1992
- Lesser v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Rinaldi v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Fishman v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hilliard v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2003
- Leach v. Town of YorktownAppellate Division of the Supreme Court of the State of New York · 1998
- Asnip v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- Figueroa-Corser v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 2013
- Keating v. Town of BurkeAppellate Division of the Supreme Court of the State of New York · 2011
12 more not listed; retrieve them via the Exa API.