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BERTRAM v. STATE OF NEW YORK

282 A.D. 415 (1953)

Stella F. Bertram, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 30232.) John Bertram, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 30233.) Gerald Hotaling, as Limited Administrator of The Estate of James Hotaling, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 30490.)

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

July 8, 1953.

Attorney(s) appearing for the Case

Richard C. Mitchell for respondents-appellants and respondent.

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

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

Per Curiam.

Presented for our consideration are three claims arising out of two automobile accidents which occurred on Route 176 at a place known as Lawrence Hill. The accidents occurred at different times of the year (the Bertram accident on January 15, 1950, and the Hotaling accident on July 7, 1949) and under entirely different circumstances.

The claims are all predicated upon the alleged failure of the State...

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