New York State Court of Claims

New York State Court of Claims

CAMPBELL v. THE STATE OF NEW YORK, #2001-016-054, Claim No. 100571, Motion No. M-63333


Synopsis


Pot hole slip and fall claim was dismissed on the basis of Highway Law §58.

Case Information

UID:
2001-016-054
Claimant(s):
MARK CAMPBELL and CARLENE CAMPBELL
Claimant short name:
CAMPBELL
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100571
Motion number(s):
M-63333
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
No Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Alan B. Berkowitz, AAG
Third-party defendant's attorney:

Signature date:
July 17, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In the underlying claim, it is alleged that on March 24, 1999, Mark Campbell tripped and fell over a pothole in the roadway in front of premises known as 188 New York Avenue in Huntington. This is defendant's motion to dismiss on the grounds that the claim is barred by Highway Law §58, which provides in relevant part that:

The state shall not be liable for damages suffered by any person from defects in state highways, except between the first day of May and the fifteenth day of November . . .


As the incident involving Campbell occurred outside this time frame, defendant is not liable for his fall. See, e.g., Queenan v State of New York, Ct Cl filed 8/24/93, Corbett, J. (unreported), claim no. 87217.

Accordingly, having reviewed the parties' submissions,[1] IT IS ORDERED that motion no. M-63333 is granted and claim no. 100571 is dismissed.


July 17, 2001
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]Along with the pleadings, the Court reviewed defendant's notice of motion with affirmation in support and exhibits A-C. Claimant submitted no papers on this motion.