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BURTON v. STATE OF NEW YORK

283 A.D.2d 875 (2001)

726 N.Y.S.2d 481

THOMAS H. BURTON et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided May 24, 2001.

Carpinello, J.

On the evening of July 3, 1993, claimant Thomas H. Burton (hereinafter claimant) was riding his newly purchased motor-cycle in a northerly direction on Versailles Plank Road, a State maintained two-lane highway within the boundaries of the Cattaraugus Indian Reservation, when he came upon a section of the roadway that consisted of a compound curve, i.e., it first curved to the right (or in an easterly direction...

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