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BENDER v. STATE

54 A.D.2d 809 (1976)

Herbert Bender et al., Appellants, v. State of New York, Respondent. (Claim No. 54720.)

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

October 28, 1976

Claimant Herbert Bender was injured when his automobile left its proper lane of travel while negotiating a curve on New York State Route 9 in Putnam County on March 13, 1970 and collided with a car proceeding in the opposite lane. This action was brought against the State on the ground that a dangerous and unsafe condition existed on Route 9 as a result of the State's improper design. The court agreed, finding that the curve upon which the accident occurred had an inadequate...

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