Economou v. State of New York

Full title: PHYLLIS ECONOMOU et al., Appellants, v. STATE OF NEW YORK, Respondent

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

Date published: Apr 20, 1998

249 A.D.2d 439 (N.Y. App. Div. 1998)

671 N.Y.S.2d 320

Opinion

April 20, 1998

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

Ordered that the judgment is affirmed, with costs.

It is well settled that the State is not an insurer of the safety of persons using its highways ( see, Ventola v. New York State Thruway Auth., 142 A.D.2d 674).

We agree with the Court of Claims that the claimants failed to prove that the absence of the subject sign was a proximate cause of this accident.

The claimants' remaining contentions are without merit.

Ritter, J.P., Sullivan, Krausman and Luciano, JJ., concur.