WHITE v. STATE


11 A.D.2d 871 (1960)

Leula M. White, Appellant, v. State of New York, Respondent. (Claim No. 33130.) Ernest L. White, Individually and as Administrator of The Estate of Marlene V. White, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 33129.)

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

July 27, 1960


On the night of January 23, 1955 Leula White and her deceased sister, Marlene — hereafter referred to as the claimants — were riding in a 1941 Buick sedan driven by Donald Pisaczyk and accompanied by four other passengers. All of the members of the party had been together since early evening visiting various grills but there was no evidence of intoxication as to anyone. They left Schenectady and drove out Route 159 — referred to in the record as the Mariaville...

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