MERRILL TRANSP. CO. v. STATE


97 A.D.2d 921 (1983)

Merrill Transport Company, Respondent, v. State of New York, Appellant. (Claim No. 63322.)

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

November 23, 1983


On or about February 9, 1978, Michael E. Kelley was operating a tractor hauling a tanker-trailer laden with 7,700 gallons of fuel oil. The vehicle was owned by claimant and was proceeding up ramp "WB" leading from Interstate 90 to Interstate 87, better known as the Northway. As the vehicle was about to leave the ramp and enter Interstate 87, it went out of control and the tanker overturned, spilling its contents onto the highway. The accident site's proximity to the adjacent...

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