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BOULOS v. STATE

56 N.Y.2d 714 (1982)

Sami I. Boulos, as Administrator of The Estate of Saad I. Boulos, Deceased, et al., Appellants, v. State of New York, Respondent. (Claim No. 60331.)

Court of Appeals of the State of New York.

Decided May 11, 1982.

Attorney(s) appearing for the Case

Daniel H. Mahoney, Paul T. Kellar and Norman Kellar for appellants.

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

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG dissents and votes to reverse in an opinion.

MEMORANDUM.

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

Decedent was fatally injured on the afternoon of June 23, 1974, when his 1968 Oldsmobile went off a curve on Route 208 and struck several trees. Claimant, the administrator of decedent's estate, brought an action against the State for wrongful death and pain and suffering. The Court of Claims found that the State negligently constructed...

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