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Schwartz v. New York State Thruway Authority

463 N.E.2d 612, 61 N.Y.2d 955, 475 N.Y.S.2d 271, 1984 N.Y. LEXIS 5238
CourtNew York Court of Appeals
DecidedMarch 22, 1984
DocketClaim 62817
StatusPublished
Cited by23 cases

This text of 463 N.E.2d 612 (Schwartz v. New York State Thruway Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schwartz v. New York State Thruway Authority, 463 N.E.2d 612, 61 N.Y.2d 955, 475 N.Y.S.2d 271, 1984 N.Y. LEXIS 5238 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The guiderail that was installed met the relevant design standards in effect at the time of its construction. Claimant asserts that it should have been extended an additional 11 *957 feet. This was a planning decision which, if made, would only have involved giving “ ‘the public more complete protection’ ” (Weiss v Fote, 7 NY2d 579, 584). Consequently, liability will not be imposed upon the Authority for failing to build a longer guiderail.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)
463 N.E.2d 612, 61 N.Y.2d 955, 475 N.Y.S.2d 271, 1984 N.Y. LEXIS 5238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-new-york-state-thruway-authority-ny-1984.