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LUNDBERG v. STATE OF NEW YORK

25 N.Y.2d 467 (1969)

Margaret M. Lundberg, as Administratrix of The Estate of John H. Lundberg, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 46678.)

Court of Appeals of the State of New York.

Decided December 4, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Peter J. Dooley, Jr. and Ruth Kessler Toch of counsel), for appellant.

John Marshall Gorman and John C. Ward for respondent.

Chief Judge FULD and Judges BERGAN, BREITEL, JASEN and GIBSON concur with Judge SCILEPPI; Judge BURKE dissents and votes to affirm in a separate opinion.

SCILEPPI, J.

John H. Lundberg, claimant's husband, was killed on the morning of February 14, 1966 when his car was struck by an auto owned and operated by John Sandilands, an employee of New York State. There is no dispute as to the facts and there is no question that the death was caused solely by the negligence of Sandilands. The only issue raised by this appeal is whether Sandiland's negligence can be imputed...

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