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Sinski v. State

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
2 A.D.3d 517 (N.Y. App. Div. 2003)

Opinion


2 A.D.3d 517 767 N.Y.S.2d 874 Teresa A. Sinski, Appellant v. State of New York, Respondent. (Claim No. 94312.) Supreme Court of New York, Second Department December 8, 2003.

OPINION

In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Scuccimarra, J.), entered March 27, 2002, which, upon the granting of the defendant's motion for judgment pursuant to CPLR 4401 at the close of the claimant's case, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

The State of New York is not an insurer of the safety of its roads and no liability will attach unless the State's alleged negligence in maintaining its roads in a reasonable condition is a proximate cause of the accident (see Andrews v State of New York, 168 A.D.2d 474, 474-475 [1990]; Stanford v State of New York, 167 A.D.2d 381 [1990]). Upon viewing the evidence in the light most favorable to the claimant (see Krakofsky v Fox-Rizzi, 273 A.D.2d 277, 278 [2000]), we nonetheless find that she failed to make a prima facie showing that anything other than her own culpable conduct in running through a stop sign proximately caused or contributed to her vehicular accident (see Sinski v Town of Brookhaven, 276 A.D.2d 547 [2000]; see also White v Town of Islip, 249 A.D.2d 464, 465 [1998]; Andrews v State of New York, supra; Muhlrad v Town of Goshen, 231 A.D.2d 615, 616 [1996]). Therefore, the Court of Claims properly granted the State's motion pursuant to CPLR 4401 and dismissed the claim for the claimant's failure to prove a prima facie case.

In light of the foregoing, we need not consider the claimant's remaining contention. Ritter, J.P., Smith, Goldstein and H. Miller, JJ., concur.


Summaries of

Sinski v. State

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
2 A.D.3d 517 (N.Y. App. Div. 2003)
Case details for

Sinski v. State

Case Details

Full title:TERESA ANN SINSKI, appellant, v. STATE OF NEW YORK, respondent

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

Date published: Dec 8, 2003

Citations

2 A.D.3d 517 (N.Y. App. Div. 2003)
767 N.Y.S.2d 875
767 N.Y.S.2d 874

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