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CUTWAY v. STATE OF NEW YORK

89 A.D.2d 406 (1982)

Richard Cutway et al., Respondents-Appellants, v. State of New York, Appellant-Respondent (Claim No. 61522.)

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

November 18, 1982

Attorney(s) appearing for the Case

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

Williams, Micale & Wells (Peter N. Wells of counsel), for respondents-appellants.

MAHONEY, P. J., MIKOLL and YESAWICH, JR., JJ., concur.

CASEY, J.

On April 18, 1976, while operating a three-wheeled all-terrain vehicle on State land, claimant sustained severe and permanent injuries to the chest and neck when he struck a five-eighths inch steel cable stretched across the dirt roadway on which he was traveling. Following a trial, the Court of Claims found the State liable, in part, for damages to claimant flowing from the accident and for derivative...

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