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AST v. STATE

66 N.Y.2d 998 (1985)

Albert W. Ast et al., Respondents, v. State of New York, Appellant. (Claim No. 64247.)

Court of Appeals of the State of New York.

Decided December 19, 1985.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus, Robert Hermann and Peter H. Schiff of counsel), for appellant.

Sheldon Hurwitz and Paul J. Suozzi for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

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

State Police urgently invoking the assistance of a Thruway toll collector to stop a fleeing vehicle owe a duty of due care to assure that compliance with their request does not expose the individual to a reasonably foreseeable risk of harm (see, Thain v City of New York, 35 A.D.2d 545...

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