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KARRAT BROS. & CO. v. STATE OF N. Y.

2 A.D.2d 538 (1956)

Karrat Bros. & Co., Inc., Appellant, v. State of New York, Respondent. (Claim No. 30674.) Frieda Karrat, Appellant, v. State of New York, Respondent. (Claim No. 30675.) George Karrat, an Infant, by Frieda Karrat, His Guardian ad Litem, Appellant, v. State of New York, Respondent. (Claim No. 30676.) John Karrat, Appellant, v. State of New York, Respondent. (Claim No. 30677.) James Raya, Appellant, v. State of New York, Respondent. (Claim No. 30678.)

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

November 21, 1956.

Attorney(s) appearing for the Case

Salvador J. Capecelatro for appellants.

Jacob K. Javits, Attorney-General (John R. Davison and James O. Moore, Jr., of counsel), for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.

Per Curiam.

It was undisputed that on November 25, 1950, an extraordinarily severe wind and rain storm swept across the State. About 10 o'clock that morning a very large elm tree was blown down on the State highway known as route 5 S between the village of Frankfort and the city of Utica. This tree completely blocked the highway at a point about five miles west of Frankfort. The fallen tree carried with it electric...

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