City of New York v. State of New York

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs.

The City of New York commenced this proceeding to compel the State to defend and indemnify the City pursuant to Highway Law § 349-c (8-a) in several personal injury actions commenced against the City for accidents that occurred on state arterial highways located within and maintained by the City. Supreme Court concluded that the City was covered by the statute; the Appellate Division reversed. We now affirm.

Article XII-B of the Highway Law governs state arterial highways that pass through cities…