MILLER v. STATE OF NEW YORK


277 A.D.2d 770 (2000)

716 N.Y.S.2d 762

CHERYL L. MILLER et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 86818.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 22, 2000.


Carpinello, J.

The precise issue on this appeal is whether the State may be liable for injuries suffered by claimant Cheryl L. Miller (hereinafter claimant) as a result of a collision between her vehicle and a train at an uncontrolled railroad crossing on Fuller Road in the Town of Fenton, Broome County. The Department of Transportation had previously identified the crossing as needing automatic flashers and gates and had entered into a contract with the owner of...

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