BENJAMIN v. STATE


203 A.D.2d 629 (1994)

609 N.Y.S.2d 975

David T. Benjamin et al., Appellants, v. State of New York, Respondent

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

April 7, 1994


Crew III, J.

On January 11, 1990, claimant David T. Benjamin (hereinafter Benjamin) sustained personal injuries when the vehicle he was operating veered off State Route 9B in the Town of Champlain, Clinton County, and struck a railroad rail marking a nearby culvert. Benjamin and his spouse commenced this action alleging that the State was negligent in failing to replace the railroad rail with a flexible marker made of material that would collapse when...

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