¶1I concur in the opinion that these claims must be dismissed for the reason that the State has not waived its immunity. However, I do not regard the difference in level between the brick pavement and the concrete as a defect in the surface of the highway for which the State would be liable had the accident occurred within the period provided for by section 176 of the Highway Law. In my opinion, the claims should be dismissed upon the merits.
144 Misc. 464
Hinds v. State
Decided July 25, 1932
New York Court of Claims · decided 1932-07-25
Cited by 9 later decisions — most recently May 1944
8 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1932-07-25
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