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VAN TUYL v. STATE OF NEW YORK

6 A.D.2d 209 (1958)

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

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

July 9, 1958.

Attorney(s) appearing for the Case

William F. Fitzpatrick for appellants.

Louis J. Lefkowitz, Attorney-General (Jean R. McCoy and Paxton Blair of counsel), for respondent.

Present — McCURN, P. J., KIMBALL, WILLIAMS, GOLDMAN and HALPERN, JJ.

GOLDMAN, J.

We have here six appeals from judgments of the Court of Claims which after a trial dismissed all of the claims on the ground that the sole proximate cause of the accident in which the claimants were injured was the negligence of the driver, Robert Van Tuyl.

The claims arose as a result of claimant Robert Van Tuyl's automobile going off the highway on Route 173 in Onondaga County about 9:10...

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