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McCAULEY v. STATE OF NEW YORK

9 A.D.2d 488 (1960)

Anna McCauley, as Executrix of Roderick McCauley, Appellant, v. State of New York, Respondent. (Claim No. 32614.) Gordon Deshaw, as Administrator of The Estate of Wanda Deshaw, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 32615.) Henry S. Salamy et al., as Administrators of The Estate of Joseph H. Salamy, Deceased, Appellants, v. State of New York, Respondent. (Claim No. 32628.)

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

January 12, 1960.

Attorney(s) appearing for the Case

Adam R. Palmer for Anna McCauley, appellant.

Perrin & Daniels for Gordon Deshaw, appellant.

Hayward H. Plumadore for Henry S. Salamy and another, appellants.

Bliss & Bouck of counsel to the appellants (F. Walter Bliss on the argument).

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

BERGAN, J. P., COON and GIBSON, JJ., concur in Per Curiam opinion; HERLIHY and REYNOLDS, JJ., dissent and vote to affirm; REYNOLDS, J., in an opinion in which HERLIHY, J., concurs; and HERLIHY, J., in a memorandum in which REYNOLDS, J., concurs.

Per Curiam.

On March 3, 1954 a Ford automobile driven by Roderick McCauley in an easterly direction on Route 3 crossed over to its left side of the road near the approach to a bridge spanning the Raquette, and passing between a vacant space some 10 feet wide in the protective guardposts on the left side of the road, plunged down a bank and into the river.

The driver McCauley and two of the passengers were drowned...

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