# Rinaldi v. State

> Appellate Division of the Supreme Court of the State of New York · November 13, 1975 · 49 A.D.2d 361

URL: https://www.frixlaw.com/law-library/cases/5799043

## Case

- **Full name:** Frances Rinaldi, as Administratrix of the Estate of Albert Rinaldi v. State of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 13, 1975
- **Citations:** 49 A.D.2d 361; 374 N.Y.S.2d 788; 1975 N.Y. App. Div. LEXIS 10914
- **Precedential status:** Published
- **Opinion:** Dissent by Kane
- **Judges:** Kane, Main
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5799043

## Opinion text

Kane, J. (dissenting).
In our view, this record does not support a determination holding the State responsible for the results of this tragic accident. For the most part, the evidence tending to support claimant’s contention of notice of a defective condition is born of knowledge of the event. The credible evidence establishes that reasonable care was exercised by the State in its maintenance and inspection program. Liability sounding in negligence should not be imposed when the genesis thereof is hindsight rather than foreseeability.
Herlihy, P. J., and Greenblott, J., concur with Main, J.; Kane and Reynolds, JJ., dissent and vote to reverse in an opinion by Kane, J.
Judgment affirmed, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5799043. Public record. Not legal advice.