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STUART-BULLOCK v. STATE OF N. Y.

33 N.Y.2d 418 (1974)

Irene S. Stuart-Bullock, as Administratrix of The Estate of Patricia J. Stuart-Bullock, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 48922.)

Court of Appeals of the State of New York.

Decided February 21, 1974.

Attorney(s) appearing for the Case

Benjamin H. Siff, Joseph J. Einhorn and Thomas R. Newman for appellant.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS concur.

JONES, J.

May the State of New York be held liable for failure to have erected a barrier in the median between the traffic lanes of a divided express highway, where such failure, while not causing the motor vehicle accident, could be said to have aggravated the injuries sustained?

The Court of Claims found negligence and thus liability in a wrongful death action...

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