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DUNCKLEY v. STATE

136 Misc.2d 767 (1987)

Laura A. Dunckley, Individually and as Executrix of David J. Dunckley, Deceased, Claimant, v. State of New York et al., Defendants. (Claim No. 74242.)

Court of Claims.

August 21, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Maida M. Asofsky of counsel), for defendants. McCoy, Agoglia, Beckett & Fassberg, P. C. (Kathleen M. Beckett of counsel), for claimant.

GERARD M. WEISBERG, J.

This motion addresses the question of whether the State of New York can be held liable for the personal injuries to, and wrongful death of, a harness racing driver based on the promulgation and lack of implementation by the New York State Racing and Wagering Board (Board)1 of regulations governing the wearing of protective safety helmets.

Laura A....

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