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STERN v. STATE

18 A.D.2d 1115 (1963)

Herman J. Stern, Respondent, v. State of New York, Appellant. (Claim No. 33227.) (And Five Other Claims.)

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

April 4, 1963

The amounts are not questioned on this appeal. The State contends only that its negligence was not proven and, in the case of the claimant Herman J. Stern, driver of the car involved in the accident, freedom from contributory negligence was not proven. The claims are based upon allegations that the State highway in the area where the accident occurred was abnormally slippery when wet; that after express or implied notice the State...

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