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FIRENZE v. STATE OF NEW YORK

208 Misc. 663 (1955)

Paul Firenze, Claimant, v. State of New York, Defendant. (Claim No. 31543.) John Landry, Claimant, v. State of New York, Defendant. (Claim No. 31636.) Evelyn Landry, Claimant, v. State of New York, Defendant. (Claim No. 31637.)

Court of Claims.

April 15, 1955.

Attorney(s) appearing for the Case

Dwight L. Murphy for Paul Firenze, claimant.

Richard C. Mitchell for John Landry and another, claimants.

Nathaniel L. Goldstein, Attorney-General (Harold S. Coyne of counsel), for defendant.

LOUNSBERRY, P. J.

These claims arose out of an accident, which occurred about 9:30 P.M. on August 8, 1951, at the intersection of State Highway Routes 104 and 104-B and were tried jointly. It was a dark, clear night and the highway was dry.

Route 104 runs in a generally east and west direction from the city of Oswego to the village of Mexico. Route 104-B, which was reconstructed by the State of New York in 1950-1951, runs in a generally north...

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