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MULLER v. STATE OF NEW YORK

108 A.D.2d 181 (1985)

Ernest Muller et al., Respondents, v. State of New York et al., Appellants

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

May 6, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus and Peter J. Dooley of counsel), for appellants.

Kaiser, Murray, Collier & Murphy (William H. Collier, III, of counsel; William R. Collins on the brief), for respondents.

THOMPSON, WEINSTEIN and EIBER, JJ., concur.

LAZER, J. P.

Although the primary issue relates to the judicial power to impose tort liability for planning decisions of governmental agencies, also before us is a significant jurisdictional question raised by the New York State Thruway Authority (the Authority). Claimants filed this claim to recover damages from the State of New York and the Authority for personal injuries and loss of consortium arising out...

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