Legal Opinion

Newsday, Inc. v. State Department of Transportation

New York Court of Appeals

Decided June 9, 2005PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

R.S. Smith, J.

We hold that 23 USC § 409, which provides that certain documents relating to traffic safety shall not be subject to discovery in lawsuits arising out of traffic accidents, does not exempt these documents from disclosure under the Freedom of Information Law (FOIL).

Facts and Procedural History

A Newsday reporter submitted a FOIL request to the State Department of Transportation, asking for its “priority list of hazardous intersections and locations” for the Long Island and New York City regions, “which the Department of Transporta*87tion must maintain as part of…

2Cases cited5 opinions

  1. Fink v. LefkowitzNew York Court of Appeals · 1979
  2. Pierce County v. GuillenSupreme Court of the United States · 2003
  3. John P. v. WhalenNew York Court of Appeals · 1981
  4. Telegram Publishing Co. v. Kansas Department of TransportationSupreme Court of Kansas · 2003
  5. Seaton v. JohnsonCourt of Appeals of Tennessee · 1995

3Cited by7 opinions

  1. Stein v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2006
  2. Town of Waterford v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2010
  3. Vega v. StateNew York Court of Claims · 2005
  4. Hughes Hubbard & Reed LLP v. Civilian Complaint Review BoardNew York Supreme Court · 2016
  5. Grabell v. New York City Police DepartmentNew York Supreme Court · 2014

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