SHERWOOD v. STATE


238 A.D.2d 396 (1997)

657 N.Y.S.2d 336

Leeroy Sherwood, Appellant, v. State of New York, Respondent

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

April 14, 1997


Ordered that the judgment is affirmed, with costs.

While traveling westbound on the Long Island Expressway in Queens the then-19-year old claimant lost control of his car, which went over an embankment and collided with a tree. The claimant thereafter brought this claim against the State, alleging that it had been negligent in not maintaining a guardrail at the spot where his car left the highway.

Although, as the State correctly concedes, the Court of Claims...

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