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VALENTINO v. STATE OF NEW YORK

48 A.D.2d 15 (1975)

Joseph C. Valentino, Jr., as Administrator of The Estate of Lorraine B. Valentino, Deceased, Claimant, v. State of New York, Appellant. (Claim No. 57242.) Josephine Valentino, Respondent, v. State of New York, Appellant. (Claim No. 57243.)

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

May 8, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas L. Manley and Ruth Kessler Toch of counsel), for appellant.

Tabner, Carlson, Daffner & Farrell (C. Theodore Carlson of counsel), for Josephine Valentino, respondent.

Carter, Conboy, Bardwell & Case (Clayton T. Bardwell of counsel), for Joseph C. Valentino, respondent.

KANE, MAIN, LARKIN and REYNOLDS, JJ., concur.

SWEENEY, J. P.

An appeal in this case was previously argued in this court and we withheld determination and remitted the action for further proceedings (44 A.D.2d 338). Most of the pertinent facts are set forth in that opinion. It is, therefore, unnecessary to repeat them here. After a hearing on remand, the trial court concluded that a binding and valid agreement was in existence...

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