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SHINDER v. STATE OF NEW YORK

84 A.D.2d 252 (1982)

Jay S. Shinder, Respondent, v. State of New York, Appellant. (Claim No. 61498-A.)

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

January 7, 1982

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Vernon Stuart, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for appellant.

Roemer & Featherstonhaugh (James D. Featherstonhaugh of counsel), for respondent.

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

KANE, J.

Claimant was severely injured at about 10:00 P.M. Sunday evening, May 16, 1976, while operating his 1974 Dodge Colt sedan southerly along the New York State Thruway in the vicinity of New Paltz, New York. He was traveling in the rain at about 50 miles per hour with headlights and windshield wipers operating when suddenly and unexpectedly he collided with a black Brahma bull.

The critical issue to be resolved on this appeal is whether...

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