Opinion
January 11, 1993
Appeal from the Court of Claims (McCabe, J.).
Ordered that the judgment is affirmed, with costs.
The State must maintain its highways in a reasonably safe condition (see, Lopes v. Rostad, 45 N.Y.2d 617; Freund v. State of New York, 137 A.D.2d 908; Boyce Motor Lines v. State of New York, 280 App. Div. 693, affd 306 N.Y. 801; Lomnitz v. Town of Woodbury, 81 A.D.2d 828). That ice, snow, or water is present on the roadway at the time of an automobile accident does not, by itself, establish negligence on the part of the State (see, Freund v State of New York, supra; Valentino v. State of New York, 62 A.D.2d 1086). In this case, the Court of Claims properly found that the claimant failed to meet her burden of proving that the State affirmatively caused a dangerous condition, or that a recurrent dangerous condition existed in a specific area, of which the State had notice (see, Freund v. State of New York, supra, at 909; Rooney v. State of New York, 111 A.D.2d 159; Kelly v. Town of Islip, 141 A.D.2d 611; Bono v. State of New York, 1 N.Y.2d 885). Sullivan, J.P., Miller, Ritter and Pizzuto, JJ., concur.