BOTTALICO v. STATE OF NY


59 N.Y.2d 302 (1983)

Lisa Bottalico et al., Respondents, v. State of New York et al., Appellants. (Claim No. 62254.) Bruce Minckler et al., Appellants, v. State of New York, Respondent. (Claim No. 60914.)

Court of Appeals of the State of New York.

Decided June 9, 1983.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus and Peter H. Schiff of counsel), for appellants in the first above-entitled action and for respondent in the second above-entitled action.

Ronald G. McCormack for respondents in the first above-entitled action.

Dominick Tocci for appellants in the second above-entitled action.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.


Chief Judge COOKE.

When the State or one of its governmental subdivisions undertakes to provide a paved strip or shoulder alongside a roadway, it must maintain the shoulder in a reasonably safe condition for foreseeable uses, including its use resulting from a driver's negligence. Injuries arising from a traveler's use of an improperly maintained roadway shoulder may...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases