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RODRIGUEZ v. STATE

Claim No. 120665. 2016-02734.

166 A.D.3d 922 (2018)

85 N.Y.S.3d 883

2018 NY Slip Op 08050

Michael Rodriguez et al., Respondents, v. State of New York, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 21, 2018.

Ordered the interlocutory judgment is affirmed, with costs.

Michael Rodriguez allegedly was injured when the motorcycle he was riding struck a pothole on the Sprain Brook Parkway, causing him to lose control of and be "catapult[ed]" off the motorcycle. Michael, and his wife suing derivatively (hereinafter together the claimants), commenced this claim to recover damages for personal injuries, etc. Following a nonjury trial...

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