Legal Opinion

Smith v. State

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

Decided October 23, 2014Published

1Opinion of the CourtMcCarthy, J.

Appeal from a judgment of the Court of Claims (Schaewe, J.), entered June 6, 2013, upon a decision of the court following a bifurcated trial in favor of claimant on the issue of liability.

Claimant sustained personal injuries when the bicycle she was riding collided with a marked State Police vehicle in the Village of Whitney Point, Broome County. Claimant was riding along a street that ends at a T intersection, and was just past the stop sign but not yet into the intersection. The trooper was driving on the other street when he began making a left turn onto the street where claimant was…

2Cases cited13 opinions

  1. Shui-Kwan Lui v. SerroneAppellate Division of the Supreme Court of the State of New York · 2013
  2. Hazelton v. D.A. Lajeunesse Building & Remodeling, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Montagnino v. FialaAppellate Division of the Supreme Court of the State of New York · 2013
  4. BRENNER, STEWART M. v. DIXON, WILLIAM J.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Ranaudo v. KeyAppellate Division of the Supreme Court of the State of New York · 2011

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