BAILEY v. STATE


161 A.D.2d 912 (1990)

John H. Bailey, Sr., et al., Respondents, v. State of New York, Appellant

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

May 17, 1990


Harvey, J.

This claim results from a moped (motorized bicycle) accident which occurred at approximately 3:30 P.M. on May 29, 1985. It was a clear dry day and claimant John H. Bailey, Sr. (hereinafter claimant) was operating his moped in a southerly direction on State Route 146 in Saratoga County where a highway repaving project was in progress, although no work was being done at the time of the accident. At the point where the accident occurred, State...

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