Legal Opinion
Miller v. State
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 2000No. Claim No. 86818PublishedCited by 3 opinions
1Opinion of the CourtCarpinello, J.
Appeal from a judgment of the Court of Claims (Hanifin, J.), entered June 17, 1999, upon a decision of the court in favor of the State.
The precise issue on this appeal is whether the State may be liable for injuries suffered by claimant Cheryl L. Miller (hereinafter claimant) as a result of a collision between her vehicle and a train at an uncontrolled railroad crossing on Fuller Road in the Town of Fenton, Broome County. The Department of Transportation had previously identified the crossing as needing automatic flashers and gates and had entered into a contract with the owner of the…
2Cases cited22 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- Friedman v. State of New YorkNew York Court of Appeals · 1986
- Motyka v. City of AmsterdamNew York Court of Appeals · 1965
- Ernest v. Red Creek Central School DistrictNew York Court of Appeals · 1999
- Balsam v. Delma Engineering Corp.New York Court of Appeals · 1997
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3Cited by3 opinions
- St. Andrew v. O'BrienAppellate Division of the Supreme Court of the State of New York · 2007
- Cooper v. StateAppellate Division of the Supreme Court of the State of New York · 2004
- Island Park, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2012