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LYLE v. STATE OF NEW YORK

44 A.D.2d 239 (1974)

Linda Lyle, as Administratrix of The Estate of Richard F. Marchewka, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 50961.) (Appeal No. 1.) Carol L. Murray, as Administratrix of The Estate of Casimer P. Rutkowski, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 51069.) (Appeal No. 2.)

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

April 11, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Peter Joseph Dooley and Ruth Kessler Toch of counsel), for appellant-respondent.

John M. Daly and Louis Z. Almasi (John M. Daly of counsel), for Linda Lyle, respondent-appellant.

Block, Colussi, Callanan & Crangle (Charles J. Scibetta of counsel), for Carol L. Murray, respondent-appellant.

WITMER, J. P., CARDAMONE, GOLDMAN and DEL VECCHIO, JJ., concur.

MOULE, J.

This appeal concerns the question of whether the State of New York was negligent in the construction and maintenance of a highway and whether, if so, its negligence was a proximate cause of an accident in which a vehicle, driving off an exit ramp, struck a pylon; or, whether the driver and passenger of the vehicle were negligent and their negligence was a proximate cause of the accident.

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