Legal Opinion

Lake v. State of New York

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

Decided June 22, 2017No. 523617PublishedCited by 4 opinions

1Opinion of the CourtDevine, J.

Appeal from a judgment of the Court of Claims (Hard, J.), entered November 4, 2015, upon a decision of the court in favor of defendant.

On May 28, 2010, claimant was riding his motorcycle to work on a state-owned freeway in Albany County commonly referred to as alternate Route 7. Claimant was traveling westbound in the right “climbing lane” and was traveling at or below the speed limit of 65 miles per hour. The pickup truck in front of him abruptly braked and moved into the center lane, cutting off a vehicle in the center lane that swerved toward claimant. Claimant sped up to avoid the…

2Cases cited16 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Friedman v. State of New YorkNew York Court of Appeals · 1986
  3. Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016
  4. Hubbard v. County of MadisonAppellate Division of the Supreme Court of the State of New York · 2012
  5. Schwartz v. New York State Thruway AuthorityNew York Court of Appeals · 1984

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3Cited by4 opinions

  1. Murphy v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  2. Enker v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 2018
  3. Miletta v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2024
  4. Patel v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018

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