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BARRETT v. STATE OF NEW YORK

22 A.D.2d 347 (1965)

Lawrence Barrett, Individually and as Administrator of The Estate of Mamie Barrett, Deceased, Respondent, v. State of New York, Appellant

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

January 14, 1965.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for appellant.

Dyer & Bucko (Benjamin J. Bucko of counsel), for respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN, NOONAN and DEL VECCHIO, JJ., concur.

Per Curiam.

Claimant, accompanied by his wife, was operating a motor vehicle down a long, steep hill during an intermittent heavy rain storm, and applied his brakes upon sighting an approaching automobile. His car slid sideways and collided with the other vehicle. Claimant and his wife were injured. The latter died as a result of her injuries. There was proof that the wet surface of the highway was excessively slippery...

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