Legal Opinion

Gaines v. Long Island State Park Commission

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1977No. Claim No. 58536PublishedCited by 7 opinions

1Opinion of the Court

Appeal from a judgment, entered October 26, 1976, upon a decision of the Court of Claims. This claim arises out of injuries sustained by the female claimant when she lost control of the car she was driving after *725hitting a large pothole on Southern State Parkway. The issue of damages was tried separately and is not challenged here. The State, although not substantially disagreeing with the relevant facts, claims there is no theory upon which it can be held liable. The Court of Claims rejected the theory that the police officer on duty, Officer Smith, negligently failed to divert traffic upon…

2Cases cited9 opinions

  1. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  2. Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  3. Rinaldi v. StateAppellate Division of the Supreme Court of the State of New York · 1975
  4. Berkshire Mutual Fire Insurance v. StateAppellate Division of the Supreme Court of the State of New York · 1959
  5. Bielawski v. BazarAppellate Division of the Supreme Court of the State of New York · 1975

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3Cited by7 opinions

  1. Ferris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1992
  2. Sevilla v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  3. Ciccarella v. GrafAppellate Division of the Supreme Court of the State of New York · 1986
  4. Colgan v. Newsday, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Shambeau v. County of SaratogaAppellate Division of the Supreme Court of the State of New York · 1979

2 more not listed; retrieve them via the Exa API.

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