FRIEDMAN v. STATE OF NEW YORK


67 N.Y.2d 271 (1986)

Dena Friedman, Respondent, v. State of New York, Appellant. Connie F. Cataldo, Appellant, v. New York State Thruway Authority, Respondent. Ernest Muller et al., Appellants, v. State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided May 1, 1986.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus, Robert Hermann and Peter H. Schiff of counsel), for appellant in the first above-entitled action.

Stephen C. Glasser, Pamela Anagnos Liapakis and Frank V. Floriani for respondent in the first above-entitled action.

Thomas J. Leyden, Sr., and Patrick J. Leddy for appellant in the second above-entitled action.

William H. Collier, III and James P. Gilpatric for appellants in the third above-entitled action.

Robert Abrams, Attorney-General (Michael S. Buskus, Robert Hermann and Peter H. Schiff of counsel), for respondents in the second and third above-entitled actions.

Chief Judge WACHTLER and Judges MEYER,, SIMONS, KAYE, TITONE and HANCOCK, JR., concur.


ALEXANDER, J.

In each of these personal injury actions arising out of "crossover" accidents occurring on highways constructed and maintained by the State of New York in which a vehicle crossed the median dividing opposing lanes of traffic, a common issue is presented: whether the State breached its duty to alleviate a known hazardous highway condition. The alleged negligence in each case was the State's failure...

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