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LUDDY v. STATE

30 A.D.2d 993 (1968)

Mary E. Luddy, as Executrix of Robert P. Luddy, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 42938.)

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

October 17, 1968

MEMORANDUM BY THE COURT.

The trial court found, upon sufficient evidence, that decedent was operating a van truck westerly at a speed of 40 to 45 miles per hour when the right wheel or wheels of the truck engaged a large hole along the north edge of the pavement, causing the truck to leave the pavement; that the truck then returned to the pavement, out of control, crossed and recrossed the pavement and again entered the...

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