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ATL. MUT. INS. v. STATE OF N. Y.

80 Misc.2d 454 (1974)

Atlantic Mutual Insurance Company, as Subrogee of Laura S. Smith, Claimant, v. State of New York, Defendant. (Claim No. 57396.)

Court of Claims.

June 14, 1974

Attorney(s) appearing for the Case

MacCartney, MacCartney & MacCartney (Harold MacCartney, Jr., of counsel), for claimant. Louis J. Lefkowitz, Attorney-General, and Wilson, Bave & Hayes (Michael Hayes and Ralph A. Beisner of counsel), for defendant.

DOROTHEA E. DONALDSON, J.

At trial, the parties stipulated that the only issue to be tried was that of the liability of the defendant, and in the event liability was found, the claim would be restored to the trial calendar for proof of damages.

Mrs. Laura Smith, the operator of a school bus for the Town of Clarkstown Central School District No. 1, sustained injury on March 16, 1971. She returned to work...

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