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McCARTHY v. STATE OF NEW YORK

20 Misc.2d 771 (1960)

Jean A. McCarthy, Also Known as Jean A. Plaisted, Claimant, v. State of New York, Defendant. (Claim No. 35913.)

Court of Claims.

February 3, 1960.

Attorney(s) appearing for the Case

Blitman & Carrigan (William A. Carrigan of counsel), for claimant.

Louis J. Lefkowitz, Attorney-General (Stanley A. Scott of counsel), and Hancock, Dorr, Ryan & Shove (John F. Gates of counsel), for defendant.

RICHARD S. HELLER, J.

On September 9, 1956, claimant was driving her car on Route 5 and 20 in the Village of Waterloo, Seneca County, New York. As she proceeded easterly at approximately 4:30 P.M., the road was dry, the weather clear, and her speed was a modest 20 to 25 miles per hour.

The highway, which was a State road, was 30 feet wide but the southerly edge was bounded by an excavation caused by the contractor in rebuilding the highway. This...

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