Appellate Division of the Supreme Court of the State of New York July 14, 2011 (Maldonado v. New York State Thruway Authority)

Rose, J.

Claimant Eddie Maldonado, Jr. and his wife, derivatively, commenced this action to recover for injuries he sustained after falling from his motorcycle as he approached a toll booth at exit 18 of the New York State Thruway. The pavement leading to the toll booth had been milled — but not repaved — as part of ongoing construction on the Thruway.