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ROGALSKI v. STATE OF NEW YORK

23 Misc.2d 983 (1960)

Raymond Rogalski, an Infant, by Alberta Delahoy, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 37718.) Martha A. Runge, as Administratrix of The Estate of Ernest A. Runge, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 37719.) Alberta Delahoy, Claimant, v. State of New York, Defendant. (Claim No. 37720.)

Court of Claims.

July 29, 1960.

Attorney(s) appearing for the Case

Lombardo & Pickard (Clarence G. Pickard of counsel), for claimants. Smith, Murphy & Schoepperle (Joseph F. Conway and James T. McFarland of counsel), for defendant.

BERNARD RYAN, P. J.

According to the pleadings these three claims arose out of an accident which occurred during a snowstorm on February 19, 1960 when an automobile owned by the State of New York and driven by Dr. Dudley A. Hill, an employee of the Department of Health, collided with persons standing upon the highway who were engaged in an attempt to free another automobile from a snowbank. The claimants seek to examine before trial not only Dr. Hill...

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