CITTA v. STATE OF N. Y.


35 A.D.2d 288 (1970)

Rita M. Citta, Appellant, v. State of New York, Respondent. (Claim No. 36918.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 3, 1970.


Attorney(s) appearing for the Case

Miserendino, Krull & Foley (David C. Fielding of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

GOLDMAN, P. J., GABRIELLI and BASTOW, JJ., concur in Per Curiam opinion; DEL VECCHIO and WITMER, JJ., dissent and vote to affirm the judgment in opinion.


Per Curiam.

Claimant appeals from a judgment dismissing her claim for damages she sustained because of the alleged negligence of the State in maintaining a bridge. Claimant while driving on a public highway about 10 o'clock in the evening skidded on ice on the bridge causing property damage and personal injuries. The alleged negligence of the State is based on its failure to sand the bridge after having received actual or constructive notice of the icy condition...

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