New York State Court of Claims

New York State Court of Claims

Allstate v. STATE OF NEW YORK, #2001-018-063, Claim No. 101778


Synopsis


Claimant insurance company as subrogee of an individual sought damages from the State as a result of a rear-end collision allegedly caused by a NYS DOT flag person's directive. Claim dismissed.

Case Information

UID:
2001-018-063
Claimant(s):
ALLSTATE INSURANCE COMPANY as Subrogee of JOSEPH P. FAZEKAS
Claimant short name:
Allstate
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101778
Motion number(s):

Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
AUSTIN A. DUVERNOY, ESQUIRE
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: JOEL L. MARMELSTEIN, ESQUIRE Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 14, 2001
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision
Allstate Insurance Company, as subrogee of Joseph P. Fazekas, sought damages from the State for property damage to Mr. Fazekas' vehicle as a result of a rear-end collision on August 28, 1998, allegedly caused by a New York State Department of Transportation flag person's negligence. The accident occurred when the vehicle in front of Mr. Fazekas stopped abruptly to comply with a New York State Department of Transportation flag person's directives and Mr. Fazekas hit him from behind.

After the trial which was held on February 6, 2001, the Court made Findings of Fact on the record. Based upon those Findings, it is

ORDERED, that the Claimant failed to prove liability on the part of the defendant, and the claim is DISMISSED. LET JUDGMENT BE ENTERED ACCORDINGLY.

February 14, 2001
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims