Opinion
March 31, 1999
Appeal from Judgment of Court of Claims, McNamara, J. — Negligence.
Judgment unanimously affirmed without costs. Memorandum: The Court of Claims determined that defendant's failure to install a three-light traffic signal at the intersection was not a proximate cause of the accident. That determination is not against the weight of the evidence. The argument of claimants that a different reasonable interpretation of the testimony supports their position is unavailing. "According considerable deference to the findings of the Court of Claims, as is appropriate", we conclude that its determination is fully supported by the record (Morrisseau v. State of New York, 237 A.D.2d 803, 804; see, Zecca v. State of New York, 247 A.D.2d 776). Claimants failed to show that defendant's traffic signal study and decision with regard to the intersection was plainly inadequate or without a reasonable basis (see, Friedman v. State of New York, 67 N.Y.2d 271, 284; see also, Weiss v. Fote, 7 N.Y.2d 579, 588-589, rearg denied 8 N.Y.2d 934).
Present — Green, J. P., Pine, Wisner, Scudder and Callahan, JJ.