Yamaoka v. State
10 Misc.3d 1059(A), 809 N.Y.S.2d 484, 2005 NY Slip Op 52035(U), 2005.NY.0012228
New York Court of Claims
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This is the motion of Mizuko Yamaoka for permission to file a late claim pursuant to Â§10.6 of the Court of Claims Act (the "Act"). In her proposed claim, Ms. Yamaoka alleges that on June 1, 2002, while riding a bicycle, she was severely injured when she was struck by a car at the intersection of Meeker Avenue and Union Street in Brooklyn. As a result of the accident, she was rendered a quadriplegic. According to claimant, as she was traveling north on Union Street, approaching the intersection with Meeker Avenue, she could see a green "walk" signal facing her, although her lawyer concedes that "it is apparent that an overhead light for her direction of travel prior to reaching the intersection was red." As set forth more fully below, claimant contends that the walk signal, which was actually for east/west pedestrian traffic, was angled incorrectly and led her to believe she could proceed into the intersection.