PREIS v. STATE

2008-10979.

71 A.D.3d 859 (2010)

895 N.Y.S.2d 866

ERICH J. PREIS, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 16, 2010.


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

On the record before us, we discern no basis to disturb the finding of the Court of Claims that the claimant's own negligence in choosing to leave an illuminated shoulder along a road was the sole proximate cause of the accident in question (see Young v New York Thruway Auth., 76 A.D.2d 834 [1980]; Lyons v State of New York, 274 App Div...

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