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FOLEY v. STATE OF NEW YORK

16 A.D.2d 90 (1962)

Grace Foley, as Administratrix of The Estate of John F. Foley, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 33040.)

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

March 15, 1962.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs of counsel), for appellant.

William L. Shumate and Oliver J. Harper for respondent.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur in Per Curiam opinion; HERLIHY, J., dissents in an opinion and votes to affirm.

Per Curiam.

On May 31, 1954 decedent John F. Foley, driving his car south on Route 303 near West Nyack went off the road at a curve and was killed. An award has been made to his administratrix in the Court of Claims based on the State's negligence.

The road was constructed in 1932 with a width of 20 feet and in 1950 was widened to 24 feet. The curve at which the accident happened was laid out in the construction...

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