Alber v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Carpinello, J.
Appeal from a judgment of the Court of Claims (Benza, J.), entered July 25, 1997, upon a decision of the court in favor of the State.
On January 24, 1992 at approximately 12:15 p.m., a vehicle driven by claimant’s decedent was struck by a Conrail train at a railroad crossing in the Town of New Baltimore, Greene County. According to the sole eyewitnesses, Robert Thamsen and Gerald Wenzel, the train’s operator and brakeman, the train’s lights were on and the whistle was sounded immediately prior to the accident. They observed decedent’s vehicle approach the tracks at a high rate…
2Cases cited6 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Koester v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- Atkinson v. County of OneidaNew York Court of Appeals · 1983
- Ether v. StateAppellate Division of the Supreme Court of the State of New York · 1997
- Ashline v. Kestner Engineers, P. C.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by7 opinions
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- Gilberto v. Town of PlattekillAppellate Division of the Supreme Court of the State of New York · 2001
- Phelan v. StateNew York Court of Claims · 2005
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