Trautman v. State
Opinion of the Court
Contrary to the claimants’ contention, the State demonstrated that its delay in implementing Project Identification Number (hereinafter PIN) 0051.21, instituted by the New York State Department of Transportation (hereinafter DOT) in 1968, to correct various deficiencies along an 11.4-mile section of the Grand Central Parkway, inclusive of the Kew Gardens interchange, "stemmed from a legitimate ordering of priorities with other projects based on the availability of funding” (Freidman v State of New York, 67 NY2d 271, 287; see also, Gutelle v City of New York, 55 NY2d 794, 795; Tomassi v Town of Union, 46 NY2d 91). The scope of the project included the replacement and removal of certain barriers, and the addition of modern concrete barriers. At trial, the State adduced sufficient evidence to show that the period of
Furthermore, there was a reasonable basis for the State’s determination in 1977 to amend the scope of the project to include only a 4.5-mile segment on the eastern side of the Union Turnpike overpass, not including the Kew Gardens interchange. The Scope Change Report indicated that the budgetary allocation for the project was insufficient for the 11.4-mile length of the Parkway originally contemplated. The State showed that its decision to narrow the scope of the project was part of a reasonable plan of governmental services (see, Friedman v State of New York, supra, at 286), and that it had duly taken into account traffic conditions, as well as fiscal practicability (Gutelle v State of New York, supra, at 795; Tomassi v Town of Union, supra; Weiss v Fote, 7 NY2d 579). While the claimants’ expert was of the opinion that the absence of a median barrier from the accident site was a departure from good and acceptable highway engineering practice, "something more than a mere choice between conflicting opinions of experts is required before the State or one of its subdivisions may be charged with a failure to discharge its duty to plan highways for the safety of the traveling public” (Weiss v Fote, supra, at 588). Finally, in the absence of any proof proffered by the claimants that the Kew Gardens interchange was more dangerous than any other segment of the Grand Central Parkway, there is no duty owed by the State to rebuild that interchange to conform to the new standards which evolved subsequent to its construction (see, Segnit v State of New York, 148 AD2d 519, 520; Rittenhouse v State of New York, 134 AD2d 774; Van De Bogart v State of New York, 133 AD2d 974; Holscher v State of New York, 59 AD2d 224, 227, affd 46 NY2d 792).
This court’s recent decision in Ames v City of New York (177 AD2d 528), involving a 1981 accident on the Interborough
We have examined the claimants’ remaining contentions and find them to be without merit. Kunzeman, J. P., Sullivan, Lawrence and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.