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JOHNSON v. STATE

Claim No. 113658. 641 CA 16-01827.

151 A.D.3d 1672 (2017)

56 N.Y.S.3d 723

2017 NY Slip Op 04632

GAIL JOHNSON, Individually and as Administrator of the Estate of GARY JOHNSON, Deceased, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 113658.)

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

Decided June 9, 2017.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Claimant commenced this action seeking damages for injuries she sustained when her tractor-trailer rolled over on State Highway I-86. Claimant alleges that defendant, the State of New York, was negligent in failing to install "rumble strips" in the proper location on the highway's shoulder and in failing to repave the entire shoulder, resulting in a two-to-four...

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