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WINDHEIM v. STATE

114 A.D.2d 1028 (1985)

Elizabeth Windheim, Appellant, v. State of New York, Respondent. (Claim No. 63607.) Aaron Windheim, Individually and as Father and Natural Guardian of Daniel Windheim, an Infant, et al., Appellants, v. State of New York, Respondent. (Claim No. 63608.)

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

November 25, 1985

Judgments affirmed, without costs or disbursements.

Claimants contend that an allegedly defective highway shoulder condition contributed to the accident. However, the trial court found that the alleged condition was not a proximate cause of the accident. The record indicates that this was a question for the fact finder and we perceive no grounds on which to disturb the trial court...

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