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CITY OF NEW YORK v. STATE OF NEW YORK

98 N.Y.2d 740 (2002)

780 N.E.2d 504

750 N.Y.S.2d 819

In the Matter of CITY OF NEW YORK, Appellant, v. STATE OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided October 15, 2002.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Fay Leoussis, Ellen B. Fishman and Leonard Koerner of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Deon J. Nossel, Caitlin J. Halligan and Michael S. Belohlavek of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

The City of New York commenced this proceeding to compel the State to defend and indemnify the City pursuant to Highway Law § 349-c (8-a) in several personal injury actions commenced against the City for accidents that occurred on state arterial highways located within and maintained by the City. Supreme Court concluded that the City was covered...

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