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WARDA v. STATE OF NEW YORK

45 Misc.2d 385 (1964)

Frieda Warda, as Administratrix of The Estate of Edward Warda, Deceased, Claimant, v. State of New York et al., Defendants. (Claim No. 42094.) Catherine Bednarek, as Executrix of Jack K. Bednarek, Deceased, Claimant, v. State of New York et al., Defendants. (Claim No. 42218.)

Court of Claims.

December 28, 1964

Attorney(s) appearing for the Case

Schweitzer & Lavett (Sydney C. Schweitzer of counsel), for Frieda Warda, as administratrix of the estate of Edward Warda, deceased, claimant. Lovallo, Matusick & Scime (Leonard C. Lovallo of counsel), for Catherine Bednarek, as executrix of Jack K. Bednarek, deceased, claimant. Louis J. Lefkowitz, Attorney-General (Ralph W. Jackson, Sr., of counsel), for State of New York, defendant. Joshua J. Effron for New York State Thruway Authority, defendant.

JOHN H. COOKE, J.

Mr. Warda and Mr. Bednarek, co-workers at the Chevrolet Plant on the River Road in Tonawanda, New York, were driving home after work in Mr. Warda's automobile on September 28, 1962. Both men worked the same shift, from 6:30 A.M. to 3:00 P.M. and had frequently driven home together.

As they neared Marker N-2 of the Niagara Section of the Thruway near the Clinton Street Exit, traveling...

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