Legal Opinion

Arquette v. State

New York Court of Claims

Decided September 20, 2001No. Claim No. 102374PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Philip J. Patti, J.

This action arose at approximately 8:00 a.m. on July 29, 1999. Claimant was riding a bicycle on the bicycle path alongside the New York State Barge Canal in Spencerport, New York, and struck a mooring cable that, it is alleged, had been stretched across all or at least part of the path by defendants’ employees.1 At the time of the incident, those employees were engaged in routine maintenance of the canal, *678dredging or cleaning it by use of a specially equipped boat. This boat is not self-propelled but is moved along the canal by use of swing cables that…

2Cases cited61 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Sega v. State of New YorkNew York Court of Appeals · 1983
  3. Scurti v. City of New YorkNew York Court of Appeals · 1976
  4. Ferres v. City of New RochelleNew York Court of Appeals · 1986
  5. Iannotti v. Consolidated Rail Corp.New York Court of Appeals · 1989

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3Cited by3 opinions

  1. Bush v. Valley Snow Travelers of Lewis County, Inc.New York Supreme Court · 2004
  2. Turner v. StateNew York Court of Claims · 2003
  3. Marston v. StateNew York Court of Claims · 2012

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