Schwartz v. New York State Thruway Authority

Full title: JEFFREY SCHWARTZ, Appellant, v. NEW YORK STATE THRUWAY AUTHORITY…

Court: Court of Appeals of the State of New York

Date published: Mar 22, 1984

61 N.Y.2d 955 (N.Y. 1984)

475 N.Y.S.2d 271

463 N.E.2d 612

Opinion

Argued February 23, 1984

Decided March 22, 1984

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert M. Quigley, J.

Richard J. Madison for appellant.

Robert Abrams, Attorney-General ( Michael S. Buskus and Peter H. Schiff of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The guiderail that was installed met the relevant design standards in effect at the time of its construction. Claimant asserts that it should have been extended an additional 11 feet. This was a planning decision which, if made, would only have involved giving "`the public more complete protection'" ( Weiss v Fote, 7 N.Y.2d 579, 584). Consequently, liability will not be imposed upon the Authority for failing to build a longer guiderail.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Order affirmed, with costs, in a memorandum.