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McCORMICK v. STATE OF N.Y.

51 A.D.2d 28 (1976)

Barbara C. McCormick et al., Appellants, v. State of New York, Respondent. (Claim No. 58056-A.)

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

January 29, 1976

Attorney(s) appearing for the Case

Richard S. Scanlan for appellants.

Louis J. Lefkowitz, Attorney-General (J. Lawson Brown and Ruth Kessler Toch of counsel), for respondent.

KOREMAN, MAIN and REYNOLDS, JJ., concur with GREENBLOTT, J.; HERLIHY, P. J., dissents and votes to reverse in an opinion.

GREENBLOTT, J.

On August 31, 1973, while claimant Barbara McCormick was driving along the Taconic State Parkway, a rock from an embankment overlooking the highway fell onto the road immediately in front of her vehicle, causing an accident. Numerous injuries resulted. On November 28, 1973, claimants filed a claim against the State of New York alleging that they had sustained damages "by reason of the negligence...

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