SCHEEMAKER v. STATE


70 N.Y.2d 985 (1988)

Teresa A. Scheemaker, Respondent, v. State of New York, Appellant. (Claim No. 66508.)

Court of Appeals of the State of New York.

Decided February 9, 1988.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

Steven A. Maas and Stephen G. Brooks for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order should be affirmed, with costs.

The record contains sufficient proof to create a question of fact as to the State's negligence in failing to conduct an adequate investigation and study in making its determination that the 25-mile-per-hour advisory speed sign was the appropriate traffic control device for the intersection. Thus, we reject the State's argument that it is protected from liability...

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