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GAGLIARDI v. STATE

Claim No. 121001, 2015-00035, 2015-05857.

148 A.D.3d 868 (2017)

2017 NY Slip Op 01845

49 N.Y.S.3d 504

NICHOLAS M. GAGLIARDI, JR., as Administrator of the Estate of LORRAINE P. GAGLIARDI, Deceased, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 15, 2017.

Ordered that the judgment and the order are affirmed, with one bill of costs.

The claimant commenced this claim against the State of New York to recover damages for the wrongful death of his mother (hereinafter the decedent). On December 2, 2011, the decedent allegedly was traveling southbound on State Route 22 in the Town of Pawling, when her vehicle suddenly left the roadway, struck a guardrail, became airborne, and struck...

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