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  5. 89 A.D.2d 391 (1982)
 

STATE OF NY v. POPRICKI

89 A.D.2d 391 (1982)

State of New York, Appellant, v. Robert C. Popricki, Defendant and Third-Party Plaintiff-Respondent. James D. Piatt, Third-Party Defendant-Appellant

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

November 10, 1982

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus and Jeremiah Jochnowitz of counsel), for appellant and third-party defendant-appellant.

Hesson, Ford, Sherwood & Whalen (Donald P. Ford, Jr., of counsel), for defendant and third-party plaintiff-respondent.

MAHONEY, P. J., SWEENEY, MAIN and CASEY, JJ., concur.

WEISS, J.

On April 27, 1979, an automobile accident occurred involving a State-owned vehicle operated by James Piatt and an automobile owned and operated by Robert Popricki. It is conceded that Piatt was a State employee acting within the scope of his employment. In the main action, the State sued Popricki for property damage, contending that the accident resulted from his negligence. In his answer, Popricki...

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