MATTER OF ROUSE v. STATE


97 A.D.2d 962 (1983)

In the Matter of the Claim of Brian W. Rouse, Respondent, v. State of New York, Appellant. (Claim No. 62386.)

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

November 4, 1983


Judgment unanimously affirmed, without costs.

Memorandum:

The State appeals from a judgment of the Court of Claims that it was negligent for failing to remove stone and gravel from the side of a section of an interstate highway where claimant was injured while riding his motorcycle. Since the State created the hazardous condition by placing the stone and gravel on the highway two weeks prior to the accident, claimant was not required to establish notice as...

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