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SPICKERMAN v. STATE OF NY

85 A.D.2d 60 (1982)

David M. Spickerman, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 64227.)

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

February 25, 1982

Attorney(s) appearing for the Case

Wager, Taylor, Howd, Brearton & Kessler (Michael W. Kessler of counsel), for appellant-respondent.

Robert Abrams, Attorney-General (Michael S. Buskus, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for respondent-appellant.

SWEENEY and WEISS, JJ., concur with KANE, J.; MAHONEY, P. J., and CASEY, J., dissent and vote to reverse in an opinion by CASEY, J.

KANE, J.

This is a negligence case. Claimant, injured while riding as a passenger in a vehicle involved in a two-car accident, seeks substantial damages from the State of New York for its alleged negligent construction and maintenance of a highway in the Town of Sand Lake, Rensselaer County. The claim was timely filed on June 9, 1980, and upon defendant's request, the time to file an answer was extended to September 1, 1980. As a result of an inadvertent...

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