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FARRELL v. STATE OF NEW YORK

2010-07601.

88 A.D.3d 638 (2011)

930 N.Y.S.2d 478

2011 NY Slip Op 6996

JANINE FARRELL, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided October 4, 2011.

Ordered that the judgment is affirmed, with costs.

During the morning of May 15, 2002, the claimant was injured while driving to work on the Manhattan-bound Gowanus Expressway when a metal brake shoe went through her windshield and struck her in the face. As is relevant here, the claimant commenced this claim against the State of New York. After a nonjury trial on the issue of liability, the Court of Claims dismissed the claim, finding that the State was not negligent...

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