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VAN TUYL v. STATE OF NEW YORK

4 Misc.2d 73 (1956)

Byron Van Tuyl, by Marcia Van Tuyl, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 32846.) Robert Van Tuyl, Jr., by Marcia Van Tuyl, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 32847.) Catherine Van Tuyl, by Marcia Van Tuyl, Her Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 32848.) Marcia Van Tuyl, Claimant, v. State of New York, Defendant. (Claim No. 32849.) Robert Van Tuyl, Claimant, v. State of New York, Defendant. (Claim No. 32850.) Robert Cowles, as Administrator of The Estate of Robert R. Cowles, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 32876.)

Court of Claims.

November 14, 1956.

Attorney(s) appearing for the Case

Francis E. Maloney and Leslie H. Deming for Byron Van Tuyl and others, claimants.

Frank Baker for Robert Cowles, claimant.

Jacob K. Javits, Attorney-General (Harold S. Coyne of counsel), for defendant.

RICHARD S. HELLER, J.

These six claims arose out of the same automobile accident and were tried together.

On July 30, 1954 between eight-fifteen and eight-thirty in the evening claimant Robert Van Tuyl left his home in Jamesville, New York, in his 1942 Packard four-door sedan with his wife, three children and his nephew, intending to go to a drive-in theatre. In the course of this trip the claimant Robert...

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