W.M. MOVERS, INC. v. STATE

2017-05609.

177 A.D.3d 1021 (2019)

11 N.Y.S.3d 193

2019 NY Slip Op 08596

W.M. Movers, Inc., Appellant, v. State of New York, Respondent.

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

Decided November 27, 2019.


Ordered that the judgment is affirmed, with costs.

The claimant owned a truck which was damaged when the claimant's employee drove into a downed a tree following Hurricane Sandy in October 2012. The claimant commenced this claim to recover damages for injury to property, alleging that the State was negligent in failing to remove the fallen tree or to warn motorists of the tree. Following a nonjury trial, the Court of Claims, in a decision dated September 6, 2016,...

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