Plaintiff's claim that defendant failed to design a proper guide rail at the location of plaintiff's decedent's accident was properly dismissed for lack of a substantial basis to believe that the guide rail was designed by defendant (CPLR 3212 [i]). Nor does it avail plaintiff to claim that the guide rail did not conform to section 10.01.04 of the State Highway Design Manual in effect at the time of the design and installation of the subject guide rail absent evidence to...
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