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DIAMOND v. STATE OF NEW YORK

53 A.D.2d 958 (1976)

Harry C. Diamond, Respondent, v. State of New York, Appellant. (Claim Nos. 57607, 57755.)

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

July 15, 1976

On June 7, 1972, the claimant was driving north on Route 9 in the Town of Hyde Park, when a major portion of a large maple tree fell on the top of his car causing both personal injury and property damage. Separate claims were filed for the property damage and personal injury and the claims were consolidated for trial. The Court of Claims found that the State had breached its duty of care in that it was on constructive notice of...

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