JOYCE v. STATE OF NEW YORK


152 A.D.2d 306 (1989)

Stephen Joyce, Appellant, v. State of New York, Respondent

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

December 14, 1989


Attorney(s) appearing for the Case

O'Connell & Aronowitz (Michael Rhodes-Devey and Salvatore D. Ferlazzo of counsel), for appellant.

Robert Abrams, Attorney-General (Michael S. Buskus and Peter J. Dooley of counsel), for respondent.

KANE, J. P., YESAWICH, JR., MERCURE and HARVEY, JJ., concur.


WEISS, J.

In this appeal from a judgment dismissing a claim for damages for personal injuries sustained in an accident at the Empire State Plaza (hereinafter Plaza) in the City of Albany, we are called upon to determine whether the doctrine of "limited government liability", which bars holding a governmental unit liable in negligence for errors or defects in a plan adopted for the construction of a public improvement...

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