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MURRAY v. STATE

38 N.Y.2d 782 (1975)

Carol L. Murray, as Administratrix of The Estate of Casimer P. Rutkowski, Appellant, v. State of New York, Respondent. (Claim No. 51069.)

Court of Appeals of the State of New York.

Decided December 22, 1975.

Attorney(s) appearing for the Case

Anthony J. Colucci for appellant.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Judge FUCHSBERG concurs in a separate memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Even if it be assumed (it being unnecessary for us so to decide) that the State of New York was negligent in the design or construction of the one-way junction ramp known as Ramp "B" which carries westbound traffic from the Youngman Expressway to the Niagara section of the New York State Thruway, or that the State was negligent in the location of...

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