From Casetext: Smarter Legal Research

Fiege v. State

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1993
189 A.D.2d 748 (N.Y. App. Div. 1993)

Opinion

January 11, 1993

Appeal from the Court of Claims (McCabe, J.).


Ordered that the judgment is affirmed, with costs.

The State must maintain its highways in a reasonably safe condition (see, Lopes v. Rostad, 45 N.Y.2d 617; Freund v. State of New York, 137 A.D.2d 908; Boyce Motor Lines v. State of New York, 280 App. Div. 693, affd 306 N.Y. 801; Lomnitz v. Town of Woodbury, 81 A.D.2d 828). That ice, snow, or water is present on the roadway at the time of an automobile accident does not, by itself, establish negligence on the part of the State (see, Freund v State of New York, supra; Valentino v. State of New York, 62 A.D.2d 1086). In this case, the Court of Claims properly found that the claimant failed to meet her burden of proving that the State affirmatively caused a dangerous condition, or that a recurrent dangerous condition existed in a specific area, of which the State had notice (see, Freund v. State of New York, supra, at 909; Rooney v. State of New York, 111 A.D.2d 159; Kelly v. Town of Islip, 141 A.D.2d 611; Bono v. State of New York, 1 N.Y.2d 885). Sullivan, J.P., Miller, Ritter and Pizzuto, JJ., concur.


Summaries of

Fiege v. State

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1993
189 A.D.2d 748 (N.Y. App. Div. 1993)
Case details for

Fiege v. State

Case Details

Full title:MARY FIEGE, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 76301.)

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 11, 1993

Citations

189 A.D.2d 748 (N.Y. App. Div. 1993)
592 N.Y.S.2d 421

Citing Cases

Timcoe v. State

ORDERED that the judgment is affirmed, with costs. The State must maintain its highways in a reasonably safe…

Slaughter v. State

Whether the State received such notice and thereafter unreasonably delayed before remedying the condition is…