RINDFLEISCH v. STATE


27 N.Y.2d 762 (1970)

Mary J. Rindfleisch, Respondent, v. State of New York et al., Appellants. (Claim No. 46007.) Georgia E. Harvey, as Administratrix of The Estate of Max W. Harvey, Deceased, Respondent, v. New York State Thruway Authority et al., Appellants. (Claim No. 44828.) Gene Adams Refrigerated Trucking Service, Inc., Respondent, v. New York State Thruway Authority et al., Appellants. (Claim No. 44801.)

Court of Appeals of the State of New York.

Reargued October 5, 1970.

Decided October 7, 1970.


Attorney(s) appearing for the Case

John R. Davison and Charles S. Woolsey for New York State Thruway Authority, appellant.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for State of New York, appellant.

James V. Hall, Edmund S. Brown, Jr., Arthur I. Seld, Harold Horowitz and William E. Balthasar for respondents.

John Van Voorhis for International Bridge, Tunnel and Turnpike Association, Inc., amicus curiae.

Chief Judge FULD and Judges BURKE, BREITEL, GIBSON and BRYANT concur in Per Curiam opinion; Judge BERGAN dissents and votes to reverse in a separate opinion in which Judge SCILEPPI concurs.


Per Curiam.

The expert proof, upon which the Court of Claims decisions and the unanimous affirmance at the Appellate Division were predicated, was that the signs in place at the extremes of the 4.3-mile danger area were inadequate for a high speed, unlighted highway, and that, among other precautions, there were required successive warning signs, displaying specific speed limitations; flares or other lighting sufficient...

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