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PERCIVAL v. STATE OF NEW YORK

32 Misc.2d 648 (1962)

Richard Percival, Claimant, v. State of New York, Defendant. (Claim No. 36926.)

Court of Claims.

March 7, 1962

Attorney(s) appearing for the Case

Bundy & Gallagher (John Henley and Rudolph V. Parr of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Stanley V. Scott of counsel) and Coulter, Fraser, Carr, Ames & Bolton (Robert Coulter of counsel), for defendant.

RICHARD S. HELLER, J.

This is a claim for damages arising from an accident which occurred on Route 31, a State highway running from Cicero to Bridgeport.

Route 31, a two-lane highway, was under repair and as part of this work various excavations were made to a depth of eight inches and of varying lengths. These excavations were for the full width of one lane, so it was necessary for any traffic to proceed into the other lane to pass the obstructions...

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