BERLOW v. N. Y. S. THRUWAY AUTH.


35 A.D.2d 356 (1970)

Joyce Berlow, Appellant, v. New York State Thruway Authority, Respondent Richard Berlow, Appellant, v. New York State Thruway Authority, Respondent

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

December 15, 1970.


Attorney(s) appearing for the Case

Robbins, Galton & Bondi (David S. Galton and Kenneth Dubroff of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly and Ruth Kessler Toch of counsel), for respondent.

COOKE and SWEENEY, JJ., concur with HERLIHY, P. J.; GREEN-BLOTT, J., concurs in a separate opinion; REYNOLDS, J., dissents and votes to affirm in an opinion.


HERLIHY, P. J.

These are appeals from orders of the Court of Claims, entered on December 9, 1969, which granted the State's motions to dismiss the claims.

The appellants were involved in a two-car collision on the New York State Thruway and thereafter reached a settlement with the driver of the other car and signed a release absolving the other driver of all further claims as to the accident. The release...

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