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HYNES v. STATE OF NEW YORK

301 A.D.2d 628 (2003)

754 N.Y.S.2d 343

EDLYN R. HYNES, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 88481.)

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

Decided January 27, 2003.

Ordered that the judgment is affirmed, without costs or disbursements.

When the State of New York is made aware of a dangerous highway condition and fails to take action to remedy it, it can be held liable for resulting injuries (see Giske v State of New York, 191 A.D.2d 675). No liability will attach unless it is established that the State had actual or constructive notice of the condition, and thereafter fails to take reasonable...

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