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SOUTHWORTH v. STATE

47 N.Y.2d 874 (1979)

John V. Southworth, Individually and as Executor of Alice K. Southworth, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 58065.) John V. Southworth, Appellant, v. State of New York, Respondent. (Claim No. 58835.)

Court of Appeals of the State of New York.

Decided June 12, 1979.

Attorney(s) appearing for the Case

Charles T. Major and Thomas E. Myers for appellant.

Robert Abrams, Attorney-General (Douglas L. Manley of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER concur; Judge JONES dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs.

For the reasons stated by Mr. Justice MICHAEL F. DILLON in the majority opinion at the Appellate Division, we conclude that the State was not negligent in issuing the interim driver's license. We note in particular the fact, now conceded by the plaintiff, that the driver was not ineligible under the statutes in effect when the license...

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