Opinion
2018–10370 Claim No. 122773
07-31-2019
Ronald ROEMER, Appellant, v. STATE of New York, Respondent.
Pirrotti & Glatt Law Firm PLLC, Scarsdale, N.Y. (Anthony Pirrotti, Jr., of counsel), for appellant. Letitia James, Attorney General, New York, N.Y. (Anisha S. Dasgupta and David Lawrence III of counsel), for respondent.
Pirrotti & Glatt Law Firm PLLC, Scarsdale, N.Y. (Anthony Pirrotti, Jr., of counsel), for appellant.
Letitia James, Attorney General, New York, N.Y. (Anisha S. Dasgupta and David Lawrence III of counsel), for respondent.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.
DECISION & ORDER In a claim to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Thomas H. Scuccimarra, J.), dated May 22, 2018. The order granted the defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the claim.
ORDERED that the order is affirmed, with costs.
The claimant allegedly was injured when he tripped and fell on a protruding metal base or "stub" of a broken highway sign post embedded in a sidewalk alongside a state highway within the Village of Ardsley. Thereafter, the claimant commenced this claim against the State of New York to recover damages for personal injuries. The State moved pursuant to CPLR 3211(a)(7) to dismiss the claim. The Court of Claims granted the motion, and the claimant appeals.
On a motion to dismiss pursuant to CPLR 3211(a)(7), the claim must be afforded a liberal construction, the facts therein must be accepted as true, and the claimant must be accorded the benefit of every favorable inference (see Leon v. Martinez, 84 N.Y.2d 83, 87–88, 614 N.Y.S.2d 972, 638 N.E.2d 511 ; Law Offs. of Thomas F. Liotti, LLC v. State of New York, 139 A.D.3d 812, 813, 29 N.Y.S.3d 820 ). Applying these principles here, we agree with the Court of Claims that the claimant failed to state a legally cognizable cause of action against the State. As found by the court, the duty to maintain the subject sidewalk in a reasonably safe condition was upon the Village (see Highway Law § 46 ; Pardi v. Barone, 257 A.D.2d 42, 690 N.Y.S.2d 315 ; cf. Highway Law § 140[18] ; Flynn v. Town of N. Hempstead, 97 A.D.2d 430, 467 N.Y.S.2d 395 ).
MASTRO, J.P., RIVERA, MILLER and CHRISTOPHER, JJ., concur.