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GLENDON v. STATE

35 A.D.2d 1029 (1970)

Carol Glendon, as Administratrix of The Estate of Edward W. Glendon, Jr., Deceased, Appellant, v. State of New York, Respondent. (Claim No. 43809.)

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

December 7, 1970

This is an action for wrongful death. Claimant contends that death was due to the negligence of the State in failing to properly maintain the highway and in affirmatively creating and installing a defective engineering arrangement involving a culvert. On March 15, 1964 at about 2:00 A.M., decedent was a passenger in an automobile being operated by one Laurence in a northerly direction on Route 9 in the vicinity of the Village of Buchanan, New York. It was dark and the road...

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