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WINGERTER v. STATE

79 A.D.2d 817 (1980)

Betty Wingerter, as Administratrix of The Estate of Peter P. Wingerter, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 54724.)

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

December 31, 1980

At approximately 7:00 A.M. on March 13, 1970, one Peter Wingerter, age 44, was killed when the tractor trailer he was driving left the paved portion of New York State Route 17 in Wurtsboro, New York, and plummeted down a 60-foot embankment striking a tree. Route 17 is a four-lane limited access highway with a grass mall separating the east and westbound lanes, and it was concededly wet and slushy when the mishap occurred. Just prior to the accident, decedent had proceeded...

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