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RUBIO v. STATE

Claim No. 123506. 2016-07251.

168 A.D.3d 892 (2019)

91 N.Y.S.3d 461

2019 NY Slip Op 00322

Pedro Rubio, Appellant, v. State of New York, Respondent.

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

Decided January 16, 2019.

Ordered that the judgment is affirmed, with costs.

The claimant allegedly was injured when his bicycle hit a pothole on Route 119 in Tarrytown and he fell from his bicycle to the ground. The claimant commenced this claim, alleging that the defendant, the State of New York, failed to maintain the roadway in a reasonably safe condition. After a trial, the Court of Claims determined that the State did not create or have actual...

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