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MTR. OF TIERNEY v. STATE OF N. Y.

76 Misc.2d 673 (1974)

In the Matter of the Claim of James F. Tierney, as Administrator of The Estate of Marion Tierney, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 54620.) In the Matter of the Claim of James F. Tierney, Claimant, v. State of New York, Defendant. (Claim No. 54621.)

Court of Claims.

January 28, 1974

Attorney(s) appearing for the Case

Bond, Schoeneck & King (William F. Fitzpatrick and Edward A. O'Hara of counsel), for claimants. Louis J. Lefkowitz, Attorney-General (Bruce Bolton of counsel), for defendant.

HENRY W. LENGYEL, J.

This is a motion for an order consolidating these claims and permitting the defendant to file and serve a counterclaim against the claimant, James F. Tierney, Claim No. 54621, for indemnification if the trial court determines that both the defendant and Mr. Tierney were negligent and that such negligence was the proximate cause of the alleged damages. The claims arose out of an automobile...

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