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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05157 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05157 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 247 |
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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