Opinion
March 21, 1994
Appeal from the Court of Claims (Silverman, J.).
Ordered that the cross-appeal is dismissed as abandoned; and it is further,
Ordered that the judgment is affirmed insofar as appealed from; and it is further,
Ordered that the respondent-appellant is awarded one bill of costs.
We find that the Court of Claims properly dismissed the claim on the merits for failure to establish, by a fair preponderance of the evidence, that there was a dangerous condition in the eastbound lane of Route 25 which caused the accident at issue (see, Fiege v. State of New York, 189 A.D.2d 748).
The claimants' remaining contentions are either unpreserved for appellate review (see, Matter of New York City Asbestos Litig. [Brooklyn Nav. Shipyard Cases], 188 A.D.2d 214, affd 82 N.Y.2d 821; Richardson, Evidence § 538, at 531 [Prince 10th ed]) or without merit. Rosenblatt, J.P., Lawrence, Altman and Goldstein, JJ., concur.