CLARK v. STATE OF NEW YORK


280 A.D. 187 (1952)

Dora M. Clark, Appellant, v. State of New York, Respondent. (Claim No. 29460.) Charles E. Clark, Appellant, v. State of New York, Respondent. (Claim No. 29461.)

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

May 14, 1952.


Attorney(s) appearing for the Case

Joe Schapiro for appellants.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Ronald E. Coleman of counsel), for respondent.

Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


Per Curiam.

The claimant, Dora M. Clark, and her husband, Charles E. Clark, have been denied awards. Dora M. Clark was a passenger in the Brainard automobile which was involved in the accident and which was being operated by Lula M. Brainard. Awards were denied and the claims dismissed solely on a finding that Dora M. Clark failed to establish that she, a passenger, was free from contributory negligence. It was found that the State was negligent in the maintenance...

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