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RINALDI v. STATE OF N.Y.

49 A.D.2d 361 (1975)

Frances Rinaldi, as Administratrix of The Estate of Albert Rinaldi, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 57951.)

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

November 13, 1975

Attorney(s) appearing for the Case

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

Burchetta, Goldsand & Burchetta, P. C. (Joseph L. Burchetta of counsel), for respondent.

HERLIHY, P. J., and GREENBLOTT, J., concur with MAIN, J.; KANE and REYNOLDS, JJ., dissent and vote to reverse in an opinion by KANE, J.

MAIN, J.

At about 7:20 P.M. on November 8, 1972, Albert Rinaldi, deceased, was operating his automobile in a generally southerly direction on New York State Highway Route No. 22, as he was homeward bound from his employment at the Castle Precision Instruments Company. At a point on the highway about two tenths of a mile northerly of the north boundary of Putnam County and where the highway is bounded on the west...

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