Legal Opinion

Koester v. State

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

Decided December 17, 1982PublishedCited by 60 opinions

1Opinion of the Court

OPINION OF THE COURT

SCHNEPP, J.

This appeal concerns the question of legal causation in the context of a claim for damages against the State of New York arising from the failure of a motorcyclist to negotiate a curve on a State highway interchange. The Court of Claims found after a trial that the State was negligent in failing to install “curve” and “stated speed” signs but that the absence of such signs was not a factor in the causation of the accident and that claimant had failed to sustain his burden of proving that the State’s negligence was the *358“proximate cause” of the accident. No issue…

2Cases cited21 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  3. Becker v. SchwartzNew York Court of Appeals · 1978
  4. Johnson v. State of New YorkNew York Court of Appeals · 1975
  5. Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938

16 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. District of Columbia v. FreemanDistrict of Columbia Court of Appeals · 1984
  2. Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  3. First Federal Savings & Loan Ass'n v. Oppenheim, Appel, Dixon & Co.District Court, S.D. New York · 1986
  4. Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  5. Kandrach v. StateAppellate Division of the Supreme Court of the State of New York · 1992

55 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API