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RUSHO v. STATE OF NEW YORK

24 Misc.3d 752 (2009)

878 N.Y.S.2d 855

JULIE L. RUSHO et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 112572.)

Court of Claims.

Decided March 23, 2009.

Attorney(s) appearing for the Case

Alexander & Catalano, LLC (Peter J. Addonizio of counsel), for claimants.

Andrew M. Cuomo, Attorney General (Thomas M. Trace of counsel), for defendant.

OPINION OF THE COURT

NORMAN I. SIEGEL, J.

This case comes before the court on two motions. Claimants have moved for partial summary judgment in favor of claimant on the issues of liability and serious injury. Defendant has cross-moved for summary judgment dismissing the case. The claim arises out of a motor vehicle accident which occurred on May 22, 2006, shortly after 5:00 P.M. It is alleged that the road conditions were clear and bare. At the time, claimant...

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