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HUTCHINS v. STATE

30 A.D.2d 737 (1968)

Clara Hutchins, as Administratrix of The Estate of Richard M. Hutchins, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 42169.)

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

June 27, 1968

Per Curiam.

There was strong evidence that the driver of the other car was intoxicated and there was some testimony that he was faced with the oncoming bright lights of a third car when he first pulled to his right. The other essential facts are set forth at some length in the memorandum decisions upon a prior appeal (27 A.D.2d 623) and will not be repeated. Upon the retrial had by our order, the record of the first trial...

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