COOK v. STATE OF NEW YORK


276 A.D. 806 (1949)

Frederick Cook, Respondent, v. State of New York, Appellant. (Claim No. 29290.) Marilyn Dudley, an Infant, by Ruby Dudley, Her Guardian ad Litem, Respondent, v. State of New York, Appellant. (Claim No. 29291.)

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

November 29, 1949.


The conclusions of law in each claim are reversed.

The following new findings of fact are made in each claim: 1. That a construction joint existed in the concrete pavement parallel with the highway near the place of occurrence of claimants' accident. 2. That a differential in height between the slabs at such joint extended for a distance of thirty feet parallel with such highway, of varying height and width, the maximum differential in height being one and one-half...

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