Schwartz v. New York State Thruway Authority
| Decision Date | 22 March 1984 |
| Docket Number | No. 62817,62817 |
| Citation | 61 N.Y.2d 955,463 N.E.2d 612,475 N.Y.S.2d 271 |
| Parties | , 463 N.E.2d 612 Jeffrey SCHWARTZ, Appellant, v. NEW YORK STATE THRUWAY AUTHORITY, Respondent. (Claim) Court of Appeals of New York |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 95 A.D.2d 928, 463 N.Y.S.2d 941, 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, 200 N.Y.S.2d 409, 167 N.E.2d 63). Consequently, liability will not be imposed upon the Authority for failing to build a longer guiderail.
Order affirmed, with costs, in a memorandum.
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