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TIPPETTS-ABBETT-McCARTHY-STRATTON v. NEW YORK STATE THRUWAY AUTH.

17 A.D.2d 1025 (1962)

Tippetts-Abbett-McCarthy-Stratton, Respondent, v. New York State Thruway Authority, Appellant. (Claim No. 34769.)

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

November 30, 1962

Following our decisions (15 A.D.2d 598; 17 A.D.2d 672) defendant Thruway Authority has renewed its motion in the Court of Claims to reopen the case to permit consideration of the letter from claimant of October 28, 1955. The motion has again been denied. We are of opinion a sufficient reason for appellant's failure to offer the letter on the trial has now been factually established. The basis of our prior...

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