Brooks v. New York State Thruway Authority

Mikoll, J. (dissenting). I respectfully dissent. Viewing the record in its entirety, there was sufficient evidence to establish that the hole created an unsafe condition and was a proximate cause of the accident. Based upon the observations of the driver of the following vehicle, the circumstantial evidence and the testimony of claimants’ expert witness, the findings of the court are supported by the weight of the evidence and should not be disturbed by this court (Amend v Hurley, 293 NY 587, 594; Shipman v Words of Power Missionary Enterprises, 54 AD2d 1052, 1053). In a death case, "claimant…