DELEON v. STATE


22 A.D.3d 786 (2005)

803 N.Y.S.2d 692

JOHN DELEON, Respondent, v. STATE OF NEW YORK, Appellant.

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

October 31, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the claim is dismissed.

The claimant was a construction worker employed by a company hired to perform work on the Long Island Expressway (hereinafter the LIE), a roadway owned by the defendant. The claimant was injured when a vehicle operated by a highly intoxicated driver traveled in the wrong direction on a closed section of the LIE, entered the construction zone at a high rate...

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