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FISHER v. STATE

78 A.D.2d 952 (1979)

Joyce Fisher, as Administratrix of The Estate of Daniel C. Fisher, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 59313.)

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

November 26, 1979

It appears undisputed that the accident happened on April 2, 1974 at about 11:30 A.M. on Route 22 at or near the intersection with Massachusetts Route 102. At the time of the accident, it was raining "moderately" and the road was wet, but from the photographs taken shortly after the accident there appears to be no accumulation of water. The decedent was driving a tractor trailer and proceeding in a northerly direction on Route 22 down a hill approximately two miles long,...

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