Rogers v. State

—Order unanimously reversed on the law without costs, motions granted and claims dismissed. Memorandum: The Court of Claims erred in denying the motions of defendant, State of New York (State), seeking dismissal of the claims for failure to state a cause of action (see, CPLR 3211 [a] [7]; cf, Leon v Martinez, 84 NY2d 83, 87-88). Claimants commenced these actions seeking to recover damages for personal injuries sustained by claimant Dale Rogers and his daughter, claimant Samantha Rogers, in a motor vehicle accident. The accident occurred when the driver of a second vehicle swerved to avoid a…