June 27, 2007

Claimant was injured when he fell on snow-and-ice covered steps outside the entrance to a state psychiatric facility. The Second Department rejected the state's claim of governmental immunity, in McGowan v. State of New York, which was decided on June 19, 2007. The court determined that, on these facts, the state had not been acting within its governmental function when the accident occurred. The court said that the state's snow removal operations constitute a maintenance activity, which traditionally is regarded as a proprietary function and not a governmental function.