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Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05157

Carey v State of New York

Read the official decision: 2026 NY Slip Op 05157

Holding The State of New York has no duty to ensure the safety of areas of a roadway that are not intersections or designated crosswalks where pedestrian presence is not foreseeable. Consequently, the Court of Claims properly granted summary judgment dismissing the claimant’s personal injury claim.

The court’s words

The State has a nondelegable duty to maintain its roadways in a reasonably safe condition, but it is not an insurer of the safety of its roads

2026 NY Slip Op 05157, at the official text

the State . . . is not liable for injuries sustained outside of the traveled or commonly used portions of its public ways

2026 NY Slip Op 05157, at the official text

The State established, prima facie, that it was not foreseeable that a pedestrian would walk in the area of the roadway wherein the claimant fell

2026 NY Slip Op 05157, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05157
Area of lawPersonal Injury and Negligence
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05157
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id247

Recommended citation

ESQ HQ, New York Law Watch, Carey v State of New York, 2026 NY Slip Op 05157 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05157/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 2, 2026. Updated September 2, 2026.