BUSKEY v. STATE OF NEW YORK


159 Misc.2d 792 (1993)

606 N.Y.S.2d 528

Geraldine Buskey, as Administratrix of The Estate of Winnion Buskey, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 78117.)

Court of Claims.

November 18, 1993


Attorney(s) appearing for the Case

Melvin D. Friedel, Deer Park, for claimant. Robert Abrams, Attorney-General, New York City (Frank J. Wenick of counsel), for defendant.


FRANK S. ROSSETTI, J.

This wrongful death claim arises from a "crossover" automobile accident on the Southern State Parkway (S.S.P.) in Massapequa, Town of Oyster Bay, Nassau County. Claimant contends a proximate cause of the accident was negligence of the State in not having a median barrier in the relevant area.

On February 27, 1988, at about 9:25 A.M., Winnion Buskey was driving westbound on the...

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