GAYNOR v. STATE OF NEW YORK, DEP'T OF PUB. WORKS


61 A.D.2d 1086 (1978)

Sara L. Gaynor et al., Respondents, v. State of New York, Department of Public Works, Appellant. (Claim No. 50757.)

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

March 23, 1978


Claimant, Sara Lee Gaynor, was driving eastbound on Interstate Route 287 when her automobile collided with a tractor which was mowing the grass in the center mall. The highway consisted of three lanes in each direction, four feet wide shoulders between the innermost lanes and the mall, and a grass mall 16 feet wide. The tractor was moving slowly west, its mower extended to the right onto the mall and its left wheels on the edge of the eastbound lane closest to the mall. Claimant...

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