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BRACCI v. STATE OF NY

9 Misc.3d 874 (2005)

800 N.Y.S.2d 290

ANTOINETTE M. BRACCI, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 107004.).

Court of Claims.

June 16, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (James L. Gelormini of counsel), for defendant.

Cellino & Barnes, P.C. (Charles F. Burkwit of counsel), for claimant.

OPINION OF THE COURT

PHILIP J. PATTI, J.

This claim arose from a motor vehicle accident in which one Charles Walker, admittedly speeding and having consumed alcohol, caused a collision with the vehicle which claimant was driving. The essence of claimant's theory of liability is the alleged failure of state troopers to have taken steps to stop the Walker vehicle prior to the collision.

The defendant has...

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