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NEWIADONY v. STATE OF NEW YORK

276 A.D. 59 (1949)

Nick Newiadony, Appellant, v. State of New York, Respondent. (Claim No. 28318.) Joseph Tamborino, Appellant, v. State of New York, Respondent. (Claim No. 28319.)

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

November 16, 1949.

Attorney(s) appearing for the Case

Robert E. Dempsey and Bartholomew A. Moynahan for appellants.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Kent H. Brown of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and SANTRY, JJ., concur.

BERGAN, J.

The claimants are residents of Canada. On September 7, 1946, claimant Tamborino was driving his automobile in Westchester County. Claimant Newiadony was a passenger. Near the intersection of Bear Mountain Parkway and Crompond Road the car collided with a truck owned by the New York Guard and driven by a sergeant of the guard. The claims each allege the sergeant was negligent and that claimants suffered...

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