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BURGIN v. CITY OF NEW YORK

91 A.D.2d 926 (1983)

Walter Burgin, Respondent, v. City of New York, Appellant, and Papettis Trucking Company, Respondent, et al., Defendant Papettis Hygrade Egg Products, Inc., Also Known as Papettis Trucking Company, Respondent, v. City of New York et al., Appellants, et al., Defendant

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

January 13, 1983

The accident giving rise to these actions occurred on November 10, 1977 at approximately 6:45 A.M. when a city-owned vehicle driven by a State employee, Kenneth Reid, jumped a divider on the New England Thruway and crashed into a truck belonging to Papettis Trucking Co. Both the driver Reid and a passenger in the vehicle, Lillian Burgin, died in the crash. The plaintiffs tried the action on the theory, implicitly credited by the jury in its verdict, that Reid was driving...

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