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QUIGLEY v. STATE OF NEW YORK

281 A.D. 185 (1952)

Joan M. Quigley, as Administratrix of The Estate of Charles J. Quigley, Deceased, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 30521.) Joan M. Quigley, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 30522.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1952.

Attorney(s) appearing for the Case

John W. Tabner and Nathan M. Medwin for appellant-respondent.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and John R. Davison of counsel), for respondent-appellant.

FOSTER, P. J., BERGAN and COON, JJ., concur with BREWSTER, J.; HEFFERNAN, J., dissents, in a memorandum.

BREWSTER, J.

Claimant and her husband were en route by automobile from New Jersey to Pittsfield, Massachusetts, the husband driving, on a State highway, Route No. 44, in Dutchess County, when they experienced the accident in question for which claimant has been awarded damages against the State for the death of her husband and for her personal injuries. The accident occurred on December 23, 1949, at about 8:00...

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