DeGREGORIO v. STATE OF NY


13 Misc.3d 1090 (2006)

822 N.Y.S.2d 419

MICHAEL DeGREGORIO et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 109305.)

Court of Claims.

September 19, 2006.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Thomas G. Ramsay of counsel), for defendant.

Ziller, Marsh & Lang, LLP (Arthur J. Ziller of counsel), for claimants.


OPINION OF THE COURT

PHILIP J. PATTI, J.

In the instant motion, the defendant seeks summary judgment dismissing the claim relying, inter alia, on the theory that the defendant cannot be held liable for claimant's injuries because of the "storm in progress" doctrine. This theory holds essentially that any landowner, and specifically the State here, must be afforded a reasonable period of time to respond to the effects of a weather event, and should not and...

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