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Court of Claims, October 13, 2005
APPEARANCES OF COUNSEL
Cardali & Cardali, P.C., and Lipsig, Shapey, Manus & Moverman, P.C. (Alan M. Shapey of counsel), for claimants. Eliot Spitzer, Attorney General (J. Gardner Ryan of counsel), for defendant.
OPINION OF THE COURT
Stephen J. Mignano, J.
Claimants allege that on October 15, 2000 they were injured in an automobile accident which occurred as the proximate result of negligence by the New York State Department of Transportation (hereinafter DOT) in failing to rectify a "dangerous intersection" for an unreasonable period of time.
Trial of this matter was held on April 19, 20 and 21, 2005. The trial was bifurcated and this decision deals solely with the issue of liability.
At the commencement of trial, the State raised objections to any and all material, testimony and documentary evidence concerning the DOT internal classification of the Route 302/Route 17M intersection as a "dangerous intersection." The basis for this objection was 23 USC

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