Frederick v. New York State Thruway Authority

Appeal from an order of the Court of Claims (Renée Forgensi Minarik, J.), entered March 23, 2015. The order, insofar as appealed from, required defendant to obtain or pay the cost of the insurance for the testing to be performed by claimants’ environmental expert.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is granted in its entirety.

Memorandum: In this real property tort action, claimants assert that de-icing agents have run off of the Thruway and onto their farm located adjacent to the Thruway, thereby…