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MERCURIO v. STATE OF NEW YORK

33 Misc.2d 729 (1962)

Rose Mercurio, as Administratrix of The Estate of Sarverio Mercurio, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 36720.) Ronald C. Thomas, Claimant, v. State of New York, Defendant. (Claim No. 36722.) Irene T. Vincent, Claimant, v. State of New York, Defendant. (Claim No. 36723.)

Court of Claims.

April 24, 1962

Attorney(s) appearing for the Case

Stephen J. Pawlings and Salvador J. Capecelatro, Sr., for claimant in Action No. 1. Arnold A. Capecelatro and Salvador J. Capecelatro, Sr., for claimants in Actions Nos. 2 and 3. Louis J. Lefkowitz, Attorney-General (Paul F. Diggins of counsel), for defendant.

FRED A. YOUNG, P. J.

The Holiday Motel is located on the north side of Route 5 approximately one and one-half miles east of the city line of Utica, New York. In the general vicinity of the motel the aforesaid highway is 22 feet wide with 9-foot shoulders. It is paved with macadam placed on concrete. The highway is graded three sixteenths of an inch per foot from the center thereof. For approximately 500 feet...

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