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BERLOW v. NEW YORK STATE THRUWAY AUTH.

29 N.Y.2d 949 (1972)

Joyce Berlow, Respondent, v. New York State Thruway Authority, Appellant. (Claim No. 51288.) Richard Berlow, Respondent, v. New York State Thruway Authority, Appellant. (Claim No. 51289.)

Court of Appeals of the State of New York.

Decided January 14, 1972.

Attorney(s) appearing for the Case

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

David S. Galton for respondents.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Taking no part: Judge BURKE.

Order reversed, without costs, and the orders of the Court of Claims reinstated. Question certified answered in the negative. (See Malvica v. Blumenfeld, 28 N.Y.2d 851

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