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WARREN v. NEW YORK STATE THRUWAY AUTH.

51 A.D.2d 679 (1976)

Lucille Warren, as Administratrix of The Estate of Beverly Warren, Deceased, Respondent, v. New York State Thruway Authority, Appellant. (Appeal No. 1.)

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

January 16, 1976

Judgment unanimously affirmed, with costs.

Memorandum:

In this one-car accident in which two young persons were killed, the Court of Claims correctly found the State Thruway Authority liable by reason of its failure to meet its own standards for construction of the guide rail. The trial court was cognizant of and properly applied the general rule that "more than a mere choice between conflicting opinions of experts is required before the State or one of its...

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