JOHNSON v. STATE OF NEW YORK


32 Misc.2d 337 (1962)

Arlene M. Johnson, as Administratrix with Limited Letters on The Estate of Delwin Johnson, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 36791.) Henry C. Allen, Claimant, v. State of New York, Defendant. (Claim No. 37682.)

Court of Claims.

February 8, 1962


Attorney(s) appearing for the Case

Gerald R. Barrett for Arlene M. Johnson, as administratrix, claimant. Julius H. Michaels for Henry C. Allen, claimant. Louis J. Lefkowitz, Attorney-General (John S. Eaton of counsel), for defendant.


RICHARD S. HELLER, J.

These two claims, tried together by consent, arise from an automobile accident which occurred in the Town of Webster, Monroe County, New York. The basis for the claim is that the State was negligent in the maintenance of a State highway.

Allen and Johnson were employees of the Eastman Kodak Co. of Rochester, New York, and prior to the accident at 4:00 A.M. on March 24, 1959, had...

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