Barrett v. State

OPINION OF THE COURT

Donald J. Corbett, Jr., J

The State moves to dismiss the claim herein for lack of subject matter jurisdiction (CPLR 3211 [a] [2]).

This is a wrongful death action arising out of a boating accident which occurred on Seneca Lake on June 13, 1987. Claimant alleges that the decedent was driving his boat and that it struck the unlighted "Lighthouse Pier” on Seneca Lake. Claimant makes numerous allegations of negligent conduct by the State of New York, including the failure to warn of dangerous conditions and the failure to maintain the lighting, all of which led to the…