WHEELER v. STATE OF NEW YORK


286 A.D. 310 (1955)

Florence B. Wheeler, Appellant, v. State of New York, Respondent. (Claim No. 30726.)

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

July 7, 1955.


Attorney(s) appearing for the Case

John R. Cummins and Louis P. Meconi for appellant.

Jacob K. Javits, Attorney-General (Sidney Kelly, Jr., and Henry S. Manley of counsel), for respondent.

COON, HALPERN, IMRIE and ZELLER, JJ., concur.


BERGAN, J. P.

Claimant was injured while riding on a State highway in a vehicle driven by her husband. In the course of trial in the Court of Claims in which the only negligence leading to the occurrence of the accident set forth in a pleading was the negligence of the State, a general release in favor of claimant's husband was offered in evidence by the State.

After taking proof of the facts surrounding...

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