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eBook details

• Title: John C. Agius v. State New York Et Al.
• Author : Supreme Court of New York
• Release Date : January 30, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

[50 A.D.2d 1049 Page 1049] Appeal from a judgment, entered March 21, 1975, upon a decision of the Court of Claims. At approximately 1:15 A.M. on April 4, 1972 the deceased, then 18 years of age, was a passenger on a motorcycle owned and operated by his friend, Gregory Prato, also 18, who was proceeding westbound in the left-hand lane on the Southern State Parkway on Long Island. At a point approximately 1,000 feet west of the Wantagh Avenue exit and where the parkway begins a slight curve to the north for westbound traffic, Gregory apparently lost control of his motorcycle and struck the curb of the grassy mall which divides eastbound and westbound traffic. As a result, the decedent was thrown from the cycle and received serious injuries which caused his death some two hours later. At the time of the accident, the weahter was clear, cold and dry. Adjacent to the parkway and along its northerly shoulder, excavation for a sewer line was in progress, pursuant to a contract between the Nassau County Department of Public Works and its contractor. Permission for this construction under and along the Southern State Parkway had been granted by the Long Island State Parkway Commission and, except for the issuance of this permit, neither the State nor any of its agencies had any active involvement in the project. At the time of the accident and for four or five days prior thereto, the parkway lights in the area of the accident had not been working. The claimant asserts that the State was negligent in that it allowed sand and gravel from the construction project to accumulate upon the highway and that the presence of this substance on the highway caused [50 A.D.2d 1049 Page 1050]

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