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GOMEZ v. NEW YORK STATE THRUWAY AUTH.

135 A.D.2d 1043 (1987)

Reginald Gomez, Respondent, v. New York State Thruway Authority, Appellant

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

December 30, 1987

Judgment affirmed, without costs, upon the opinion of Judge Thomas P. McMahon.

Harvey J. (dissenting).

We respectfully dissent.

The Court of Claims concluded that the State had been negligent in failing to remove frozen snow from the median guide rail and that this was a substantial factor in aggravating claimant's injuries.

While the State is required to maintain its highways in a reasonably safe condition for those who obey the...

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