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MILLER v. STATE OF NEW YORK

202 Misc. 1029 (1952)

Chester L. Miller, Claimant, v. State of New York, Defendant. (Claim No. 30245.) Edward Stukey, Claimant, v. State of New York, Defendant. (Claim No. 30246.) Donald E. Stukey, an Infant, by Edward Stukey, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 30247.) Blanche Brodzik, as Administratrix of The Estate of Francis Sawner, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 30248.)

Court of Claims.

April 9, 1952.

Attorney(s) appearing for the Case

Salvador J. Capecelatro for claimants.

Nathaniel L. Goldstein, Attorney-General (Harold S. Coyne of counsel), for defendant.

YOUNG, J.

New York State Route 49 runs substantially in an east-west direction between the cities of Utica and Rome in Oneida County. A short distance west of the intersection of Route 49 with a road leading north to Gate No. 2 of the Griffiss Air Base the highway descends at a grade of from five to six percent and makes a curve to the south on the downgrade which curve has a radius of 955 feet. North of the...

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