SCHULS v. STATE


92 A.D.2d 721 (1983)

Philip G. Schuls, Appellant, v. State of New York, Respondent. (Claim No. 61656.)

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

February 28, 1983


Judgment unanimously affirmed, without costs.

Memorandum:

Upon reviewing the record, we agree with the Court of Claims that there is no basis upon which the State may be liable for its decision to increase the speed limit and permit passing on a 14-mile stretch of thruway handling two-way traffic during a period of road construction. With respect to planning decisions, the courts may not substitute their judgment for that of the governmental body designated...

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