Sellitto v. State

—In a claim to recover damages for personal injuries, etc., the claimants appeal from a judgment of the Court of Claims (Ruderman, J.), dated May 5, 1997, which, after a nonjury trial, dismissed their claim.

Ordered that the judgment is affirmed, with costs.

“The State must maintain its highways in a reasonably safe condition * * * That ice, snow, or water is present on the roadway at the time of an automobile accident does not, by itself, establish negligence on the part of the State” (Fiege v State of New York, 189 AD2d 748 , 749). The State “ ‘may be held liable for injuries arising by reason of isolated patches of ice where the State had notice of a recurrent condition in a specific area and failed to post warning signs or sand the road surface to correct the condition once it developed’ ” (Rooney v State of New York, 111 AD2d 159 , 160). In this case the Court of Claims properly found that the claimants failed to meet their burden of proving that the State affirmatively caused a dangerous cbndition, or that a recurrent dangerous condition existed in a specific area, of which the State had notice.

The claimants’ remaining contentions are without merit. Bracken, J. P., Miller, O’Brien and Copertino, JJ., concur.