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MTR OF TIERNEY v. STATE

55 A.D.2d 158 (1976)

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

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

December 17, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Coulter, Fraser, Carr, Ames & Bolton of counsel), for appellant.

Bond, Schoeneck & King (Thomas Myers of counsel), for respondent.

MARSH, P. J., MAHONEY, DILLON and WITMER, JJ., concur.

GOLDMAN, J.

Defendant, the State of New York, appeals from an order of the Court of Claims which denied the State's motion for consolidation of two claims against it and for permission to file a counterclaim.

The two claims arose on April 26, 1971 when a vehicle occupied by claimant James F. Tierney and his wife, Marion, was involved in a collision on New York State Route 48 in the Town of Van Buren...

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