McGowan v. State
| Decision Date | 21 December 2010 |
| Citation | 79 A.D.3d 984,913 N.Y.S.2d 750 |
| Parties | Terence J. McGOWAN, et al., appellants, v. STATE of New York, respondent. |
| Court | New York Supreme Court — Appellate Division |
79 A.D.3d 984
Terence J. McGOWAN, et al., appellants,
v.
STATE of New York, respondent.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 21, 2010.
David W. McCarthy, Woodbury, N.Y. (Malvina Nathanson of counsel), for appellants.
Andrew M. Cuomo, Attorney General, New York, N.Y. (Peter H. Schiff, Michael S. Buskus, and Owen Demuth of counsel), for respondent.
REINALDO E. RIVERA, J.P., MARK C. DILLON, DANIEL D. ANGIOLILLO, and LEONARD B. AUSTIN, JJ.
In a claim to recover damages for personal injuries, etc., the claimants appeal from a judgment of the Court of Claims (Lack,
ORDERED that the judgment is reversed, on the law and the facts, with costs, the claim is reinstated, the claimants are awarded judgment against the defendant on the issue of liability to the extent that the defendant is found 60% at fault in the happening of the accident and the claimant Terence J. McGowan is found 40% at fault in the happening of the accident, and the matter is remitted to the Court of Claims for a trial on the issue of damages and the entry of an appropriate amended judgment thereafter.
Terence J. McGowan (hereinafter McGowan) was injured on March 7, 2003, in a fall on snow-and-ice-covered steps outside of a door to Building 26 on the grounds of Pilgrim State Psychiatric Center in Central Islip, a facility owned by the State of New York and operated by the New York State Office of Mental Health. Specifically, McGowan fell immediately outside of a door providing ingress to and egress from the office of his employer, the Dormitory Authority of the State of New York (hereinafter DASNY), which occupied space in Building 26. On the day of the accident, McGowan entered Building 26 through the main entrance of that building at approximately 9:00 A.M. and, shortly thereafter, decided to retrieve an item from his car. Upon exiting Building
Within a few hours of the occurrence, McGowan took photographs of the steps outside of DASNY's door, which depicted snow and ice on the steps, and also took photographs of the area surrounding Building 26, which showed that the area had been completely cleared of snow and ice. It is undisputed that the exterior steps adjacent to the main entrance of Building 26 were cleared by the maintenance department of Pilgrim State Psychiatric Center, which was also housed in that building, and that the maintenance department was also responsible for removing...
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