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MALDONADO v. NEW YORK STATE THRUWAY AUTHORITY

511832.

86 A.D.3d 785 (2011)

926 N.Y.S.2d 756

2011 NY Slip Op 5929

EDDIE MALDONADO, JR., et al., Respondents, v. NEW YORK STATE THRUWAY AUTHORITY, Appellant.

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

Decided July 14, 2011.

ROSE, J.

Claimant Eddie Maldonado, Jr. and his wife, derivatively, commenced this action to recover for injuries he sustained after falling from his motorcycle as he approached a toll booth at exit 18 of the New York State Thruway. The pavement leading to the toll booth had been milled—but not repaved—as part of ongoing construction on the Thruway. Claimants alleged that the motorcycle slipped out from under Maldonado because of pebble-like milling debris...

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