KIMBER v. STATE OF NEW YORK


294 A.D.2d 692 (2002)

741 N.Y.S.2d 612

RICHARD D. KIMBER et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided May 9, 2002.


Peters, J.

On October 8, 1993, claimants sustained injuries from a single vehicle motorcycle accident when their motorcycle left the paved 12-foot wide travel lane of State Route 427 in Chemung County, traveled across an 11-foot wide paved shoulder, proceeded onto the adjoining grassy area and ran over a "drop inlet" or drainage sluice located within the public right-of-way about 2.5 feet from the edge of the shoulder and 13.5 feet from the edge of the roadway.

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