Legal Opinion
Bottalico v. State of NY
New York Court of Appeals
Decided June 9, 1983No. Claim 62254; Claim 60914PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
When the State or one of its governmental subdivisions undertakes to provide d paved strip or shoulder alongside a roadway, it must maintain the shoulder in a reasonably safe condition for foreseeable uses, including its use resulting from a driver’s negligence. Injuries arising from a traveler’s use of an improperly maintained roadway shoul der may be compensable through application of general principles of negligence and comparative negligence.
Claimants brought these actions to recover for injuries sustained when the automobiles in which they were…
2Cases cited13 opinions
- Tomassi v. Town of UnionNew York Court of Appeals · 1978
- Gutelle v. City of New YorkNew York Court of Appeals · 1981
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Annino v. City of UticaNew York Court of Appeals · 1937
- King v. . Village of Fort AnnNew York Court of Appeals · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Kenavan v. City of New YorkNew York Court of Appeals · 1987
- Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016
- Fasano v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Thompson v. City of New YorkNew York Court of Appeals · 1991
- Klimek v. Town of GhentAppellate Division of the Supreme Court of the State of New York · 1985
50 more not listed; retrieve them via the Exa API.