DESCO v. STATE


283 A.D. 980 (1954)

Theresa J. Desco, as Administratrix of The Estate of Louis J. Desco, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 31113.) James Yannone, Appellant, v. State of New York, Respondent. (Claim No. 31230.)

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

May 19, 1954.


The claims arose out of a collision, which happened at 3:00 A.M. March 26, 1951, between an automobile and a truck that was parked on the most westerly lane of the southbound section of the Thruway between the villages of Catskill and Saugerties. The truck was loaded with lumber and disabled because of a burned out bearing, but capable nevertheless of being moved on its own power. It was parked on the pavement because the westerly shoulder of the highway was soft. There is...

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