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BRUETTE v. STATE

48 A.D.2d 967 (1975)

Douglas H. Bruette, as Administrator of The Estate of Marie T. Bruette, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 44005.)

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

June 19, 1975

On April 5, 1964 at about 8:00 P.M. claimant was operating his automobile in an easterly direction on New York State highway 348 in the Town of Chazy, Clinton County. Riding in the front seat with him was his wife. The highway in question was straight, running generally east and west and downgrade towards the Delaware and Hudson Railroad track which intersected it at a right angle. Claimant testified that when he was some 70 feet west of the track and traveling about 30 miles...

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