NOORZI v. STATE OF NEW YORK

10641, 123824, 124666.

179 A.D.3d 478 (2020)

113 N.Y.S.3d 879

2020 NY Slip Op 00231

Shakilla Noorzi, as Administratrix of the Estate of Ata Noorzi, Deceased, Appellant, v. State of New York, Respondent. Rebecca Sheehan, as Executrix of the Estate of John Patrick Sheehan, Deceased, et al., Appellants, v. State of New York, Respondent.

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

Decided January 14, 2020.


Claimants' decedents were killed when the vehicle in which they were driving was struck by a vehicle operated by nonparty John Osorio that had jumped the curb, penetrated the guide rail, and crossed into their lane of the Hutchinson River Parkway. Claimants contend that defendant (the State) was negligent in failing to exchange the median guide rails for a concrete barrier when it performed a signage improvement project in 2003.

The Court of Claims correctly found...

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