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NUSS v. STATE OF NEW YORK

276 A.D. 300 (1950)

Millicent R. Nuss, Individually and as Administratrix of The Estate of Otto Nuss, Deceased, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 28748.)

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

January 18, 1950.

Attorney(s) appearing for the Case

Dwight L. Murphy for appellant-respondent.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Henry S. Manley of counsel), for respondent-appellant.

Present — TAYLOR, P. J., McCURN, LOVE, KIMBALL and PIPER, JJ.

Per Curiam.

We think that the failure to properly maintain the stop sign, if there was such a failure, was not the proximate cause of the collision of the vehicles. If there had been no stop sign erected at the intersection, it was Sawyer's duty to grant the right of way to the Nuss car. His failure to do so was the proximate cause of the accident, and was an independent and

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