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ERNST v. NEW YORK STATE

38 Misc.2d 264 (1963)

Richard H. Ernst, Claimant, v. State of New York, Defendant. (Claim No. 36292.)

Court of Claims.

January 29, 1963

Attorney(s) appearing for the Case

Philip J. O'Brien and Cornelius J. Barry for claimant. Louis J. Lefkowitz, Attorney-General (Lawrence Wayne of counsel), for defendant.

MELVIN H. OSTERMAN, J.

This is a claim for damages by reason of the negligence of the State in the operation and control of an aircraft on loan or assigned to the State and piloted by a member of the aviation section of the New York National Guard.

On February 24, 1958, the claimant, who held a Naval Reserve pilot's rating, accompanied his friend, Lieutenant Peter Nast, on a flight from Zahn's Airport...

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