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FORERO v. TOWN OF TUXEDO

51 A.D.2d 443 (1976)

Blanca Forero, Administratrix of The Estate of Melba E. Forero, Deceased, Appellant, v. Town of Tuxedo et. al., Defendants; Orange County, Respondent

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

April 12, 1976

Attorney(s) appearing for the Case

Lurie & Nicholson (Stevens G. Nicholson, Jr., of counsel), for appellant.

King, Edwards & O'Connor (Rocco Conte of counsel), for respondent.

HOPKINS, Acting P. J., DAMIANI, CHRIST and TITONE, JJ., concur.

COHALAN, J.

At issue on this appeal is the applicability of section 139 of the Highway Law with respect to the time of commencement of suit in a wrongful death action against a county.

The chronology of events discloses that plaintiff's intestate died on October 3, 1972 as the result of an automobile accident on that day. Her death occurred on a highway maintained by the County of Orange. Limited letters...

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