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FITZGERALD v. STATE OF NEW YORK

198 Misc. 39 (1950)

Paul F. Fitzgerald, Claimant, v. State of New York, Defendant. (Claim No. 28811.) Security Mutual Fire Insurance Company, Claimant, v. State of New York, Defendant. (Claim No. 28816.)

Court of Claims.

April 13, 1950.

Attorney(s) appearing for the Case

Wesley L. Waite and Stanford H. Waite for Paul F. Fitzgerald, claimant.

Curtiss D. Matterson for Security Mutual Fire Insurance Company, claimant.

Nathaniel L. Goldstein, Attorney-General (Arthur W. Mattson, Sidney B. Gordon and Robert J. Cooney, Jr., of counsel), for defendant.

LOUNSBERRY, P. J.

On September 21, 1947, at about 8:20 P.M., Daylight Saving Time, the claimant, Paul F. Fitzgerald, was a passenger in his own car, which was being driven by a friend, Arthur E. Peck, Jr., northeasterly along State Highway Route No. 30, toward the village of Canton. The weather was clear, dry, and very windy. It was dark, or nearly so, and the car lights...

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