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MATTER OF HIMBELE v. STATE

49 N.Y.2d 864 (1980)

In the Matter of the Claim of Daniel Himbele et al., Appellants, v. State of New York, Respondent. (Claim No. 60295.)

Court of Appeals of the State of New York.

Decided March 25, 1980.

Attorney(s) appearing for the Case

William J. Corcoran for appellants.

Bernard F. Carlin for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

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

On the date of the accident, claimant, a surveyor employed by a subcontractor, was checking grades on the Brooklyn-Queens Expressway pursuant to a safety improvement contract entered into between the State and Lizza Industries, Inc. The general contract required Lizza Industries to close the extreme right-hand lane in the area immediately...

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