Purdy v. State

Appellate Division of the Supreme Court of New York

Purdy v. State

12 A.D.2d 834, 210 N.Y.S.2d 251, 1961 N.Y. App. Div. LEXIS 13383

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 11, 1961

DocketClaim No. 34178

StatusPublished

This text of 12 A.D.2d 834 (Purdy v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Purdy v. State, 12 A.D.2d 834, 210 N.Y.S.2d 251, 1961 N.Y. App. Div. LEXIS 13383 (N.Y. Ct. App. 1961).

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Opinion

Appeal by the State from a judgment of the Court of Claims, which awarded damages for personal injuries and property damage found to have been sustained by claimant by reason of the State’s negligence whereby debris, consisting of dirt, gravel and stones, which had washed down the 13½% slope of Purdy Avenue to and upon the pavement of Route 9W in the Town of Marlboro, was permitted to accumulate to a depth of seven inches and to remain there, and this without any warning thereof, despite the State’s actual and constructive notice of this recurring condition; with the result that upon coming around a turn, at night, claimant’s automobile struck the debris, left the highway and collided with .a tree. The facts found appear in greater detail in the comprehensive opinion of the trial court (25 Misc 2d 907) which was amply warranted in finding preponderant the evidence adduced by claimant. That emanating from apparently disinterested and unbiased witnesses was, indeed, sufficient to establish liability. The amount of the award is not questioned. Judgment unanimously affirmed, with costs to respondent. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Appeal by the State from a judgment of the Court of Claims, which awarded damages for personal injuries and property damage found to have been sustained by claimant by reason of the State’s negligence whereby debris, consisting of dirt, gravel and stones, which had washed down the 13½% slope of Purdy Avenue to and upon the pavement of Route 9W in the Town of Marlboro, was permitted to accumulate to a depth of seven inches and to remain there, and this without any warning thereof, despite the State’s actual and constructive notice of this recurring condition; with the result that upon coming around a turn, at night, claimant’s automobile struck the debris, left the highway and collided with .a tree. The facts found appear in greater detail in the comprehensive opinion of the trial court (25 Misc 2d 907) which was amply warranted in finding preponderant the evidence adduced by claimant. That emanating from apparently disinterested and unbiased witnesses was, indeed, sufficient to establish liability. The amount of the award is not questioned. Judgment unanimously affirmed, with costs to respondent. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

12 A.D.2d 834, 210 N.Y.S.2d 251, 1961 N.Y. App. Div. LEXIS 13383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purdy-v-state-nyappdiv-1961.

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