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LATTANZI v. STATE OF N.Y.

74 A.D.2d 378 (1980)

Richard Lattanzi et al., Respondents, v. State of New York et al., Appellants

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

May 22, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Dennis Hurley, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for appellants.

Shayne, Dachs, Weiss, Kolbrenner, Stanisci & Harwood, by Faden & Goldmacher (Beth J. Goldmacher of counsel), for respondents.

STALEY, JR. and CASEY, JJ., concur with SWEENEY, J. P.; KANE and HERLHIY, JJ., dissent and vote to reverse in an opinion by HERLIHY, J.

SWEENEY, J. P.

This claim arose out of a single-car accident which occurred on January 3, 1974 on the Southern State Parkway (Parkway) on Long Island. Claimant's vehicle skidded on the icy highway, veered off the shoulder, struck a wooden guardrail which splintered and penetrated the vehicle causing severe personal injuries to claimant. After a trial the court found defendants negligent and claimant free from...

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