ANTHONY v. STATE OF NEW YORK


204 Misc. 241 (1950)

Louis Anthony, Sr., Claimant, v. State of New York, Defendant. (Claim No. 30184.)

Court of Claims.

July 18, 1950.


Attorney(s) appearing for the Case

Roger Williams for claimant.

Nathaniel L. Goldstein, Attorney-General (Lawrence H. Wagner of counsel), for defendant.


LOUNSBERRY, P. J.

The State has moved to dismiss this claim on the ground that it fails to state facts sufficient to constitute a cause of action. The claim alleges that while the claimant was driving along State Highway Route No. 2 in the vicinity of Grafton, New York, at about 5:30 P.M., on November 25, 1949, a spike-horned deer suddenly dove out of the underbrush and woods along the south side of the highway...

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