In Miller v. State of New York, 231 App Div 363, the Third Department noted that the two statutes "must be read together" and held that even when there could be no liability under the Highway Law provision (because the injury did not occur between May 1 and November 15 and/or because the negligence in question was not a "defect"), damages could be awarded under the Court of Claims Act if the injuries resulted from the State's negligence, such as the failure to warn of a dangerous condition. The court recognized that although "not expressly repealed" by the Court of Claims Act amendment, Highway Law 176 "was partially at least superseded" by that provision ( id, at 368).