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ARQUETTE v. STATE OF NY

190 Misc.2d 676 (2001)

739 N.Y.S.2d 526

ELEANORE ARQUETTE, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 102374.)

Court of Claims.

September 20, 2001.

Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Oppenheimer & Greenfield (K. Wade Eaton of counsel), for claimant.

Eliot Spitzer, Attorney General (James L. Gelormini of counsel), for defendants.

OPINION OF THE COURT

PHILIP J. PATTI, J.

This action arose at approximately 8:00 A.M. on July 29, 1999. Claimant was riding a bicycle on the bicycle path alongside the New York State Barge Canal in Spencerport, New York, and struck a mooring cable that, it is alleged, had been stretched across all or at least part of the path by defendants' employees.1 At the time of the incident, those employees were engaged in routine maintenance...

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