MAHON v. STATE


213 A.D.2d 517 (1995)

624 N.Y.S.2d 191

Francis Mahon et al., Respondents, v. State of New York, Appellant. (Claim No. 77359.)

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

March 20, 1995


Ordered that the interlocutory judgment is affirmed, with costs.

The claimant was a motorcycle police officer who was patrolling the West Shore Expressway (hereinafter the expressway) at the time of the accident. He had pulled onto the shoulder of the expressway on police business. When he attempted to reenter the right lane, the front tire of the motorcycle struck a 2½-to-3-inch curb at the edge of the shoulder, and the motorcycle swerved out of control, skidding...

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