TOWEY v. STATE OF NEW YORK


12 Misc.2d 95 (1958)

James J. Towey, Claimant, v. State of New York, Defendant. (Claim No. 31518.) Lavina Towey, Claimant, v. State of New York, Defendant. (Claim No. 31519.) Mary L. Towey, Claimant, v. State of New York, Defendant. (Claim No. 31520.)

Court of Claims.

June 25, 1958.


Attorney(s) appearing for the Case

Adolph I. King for claimants.

Louis J. Lefkowitz, Attorney-General (Raymond La Scala of counsel), for defendant.


ALEXANDER DEL GIORNO, J.

On December 22, 1951, at about 7:15 P.M., the claimants, Lavina Towey and Mary Louise Towey, were riding in a motor vehicle owned by claimant James J. Towey and driven by Mary Louise Towey. They were proceeding easterly on Route 172 from Mount Kisco toward Bedford Village, Westchester County.

Route 172 is a two-lane concrete roadway, with shoulders on each side about 3 feet wide...

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