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HOBBS v. STATE

55 A.D.2d 710 (1976)

John H. Hobbs, as Limited Administrator of The Estate of John H. Hobbs, Jr., Deceased, et al., Appellants, v. State of New York, Respondents. (Claim No. 52266.) John J. Burns, III, as Limited Administrator of The Estate of John J. Burns, IV, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 52408.)

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

December 2, 1976

On December 14, 1969, at approximately 12:30 A.M., decedent Burns was traveling eastward on Route 28 in the vicinity of Kingston, New York. At that moment, decedent Hobbs was a passenger in an automobile owned and operated by Thomas Connors proceeding in a westerly direction along Route 28. The weather was clear and cold. The Connors' vehicle drove up a hill as the Burns' vehicle was negotiating a curve at the crest of the hill. At the end of the curve or a short distance...

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