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GERAGHTY v. STATE OF NEW YORK

309 N.Y. 188 (1955)

Edward Geraghty, Jr., an Infant, by Edward Geraghty, Sr., His Guardian ad Litem, Appellant, v. State of New York, Respondent. (Claim No. 30713.)

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

M. Maurice Chacchia for appellant.

Jacob K. Javits, Attorney-General (John R. Davison and Henry S. Manley of counsel), for respondent.

CONWAY, Ch. J., FROESSEL and BURKE, JJ., concur with VAN VOORHIS, J.; DESMOND, J., dissents in an opinion in which DYE and FULD, JJ., concur.

VAN VOORHIS, J.

The injured claimant was a passenger in an automobile which went out of control on an abandoned section of State highway. The question concerns what is the duty of the State with respect to portions of State highways that have been discontinued. In this instance, as Route 245 formerly approached from the south the single main highway known as Routes 5 and 20, it ran northeastward into an historical...

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