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MILLER v. STATE OF NEW YORK

10 Misc.2d 239 (1958)

Margaret A. Miller, Claimant, v. State of New York, Defendant. (Claim No. 33621.) Warner Miller, Claimant, v. State of New York, Defendant. (Claim No. 33622.)

Court of Claims.

April 1, 1958.

Attorney(s) appearing for the Case

Sidney B. Gordon and Frank J. Williams, Jr., for claimants.

Louis J. Lefkowitz, Attorney-General (Louis A. Di Donna of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

These are two claims, one by Margaret A. Miller to recover damages for personal injuries caused by the alleged negligence of the State, and the other a derivative action by her husband, Warner Miller, to recover for medical expenses and loss of services and society of his wife. By stipulation the two claims were tried together.

It is claimed that on November 6, 1955, at about...

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