RIZZO v. STATE


116 A.D.2d 562 (1986)

Nicholas Rizzo, Appellant, v. State of New York, Respondent. (Claim No. 65168.)

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

January 13, 1986


Judgment affirmed, with costs.

The claimant was injured on June, 12, 1979, at approximately 7:40 P.M., when the motorcycle he was operating left the roadway, traveled on the shoulder for some distance, and struck a sign post and telephone pole. As a result of this mishap, claimant was thrown from the motorcycle and struck a rock.

At trial, claimant made no allegation that the State was in any way negligent with respect to his leaving the traveled portion of...

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