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BATTISTONI v. STATE

1 A.D.2d 926 (1956)

Helen Z. Battistoni, as Administratrix of The Estate of Charles Battistoni, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 30671.)

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

March 21, 1956

Claimant's husband died as the result of injuries received when an automobile in which he was riding as a passenger, collided with part of a tree which lay partially across a State highway (Route 82-A) near Stanfordale in Dutchess County, New York. The accident happened about twelve o'clock at night. On the preceding day and into the evening an unusually violent storm, with winds of gale force at times, covered the entire State. Earlier in the day the upper part of the tree...

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