BALL v. STATE OF NEW YORK

515475.

106 A.D.3d 1248 (2013)

966 N.Y.S.2d 541

2013 NY Slip Op 3373

FREDERICK L. BALL et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided May 9, 2013.


Rose, J.

Claimant Frederick L. Ball (hereinafter claimant) was severely injured as a result of a one-vehicle motorcycle accident. On a clear, dry afternoon, while traveling on a straight, flat state road with his grandson as a passenger, claimant drove off the right side of the roadway and struck a tree located 10 feet from the edge of the pavement. Claimants commenced this action alleging, among other things, that defendant's negligence in designing, constructing...

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