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NYE v. STATE OF NEW YORK

196 Misc. 1 (1949)

Phoebe Nye, Claimant, v. State of New York, Defendant. (Claim No. 28817.) Ernest Nye, Claimant, v. State of New York, Defendant. (Claim No. 28818.)

Court of Claims.

August 23, 1949.

Attorney(s) appearing for the Case

John T. Ryan for claimants.

Nathaniel L. Goldstein, Attorney-General (Arthur W. Mattson and Harold S. Coyne of counsel), for defendant.

LOUNSBERRY, P. J.

On the afternoon of September 22, 1947, employees of the New York State Department of Public Works were engaged in grading the south shoulder of a portion of the Cortland-Truxton highway, known as New York Route No. 13, about a mile and a half east of Cortland. In this area said highway runs generally east and west, contains no sharp curves, and is substantially level. Sight distance is adequate...

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