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SAULPAUGH v. STATE

132 A.D.2d 781 (1987)

Gordon Saulpaugh et al., Appellants, v. State of New York, Respondent. (Claim No. 66174.)

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

July 9, 1987

Mahoney, P. J.

On June 27, 1980, at about 9:25 P.M., claimants were driving north on State Route 9G, a two-lane highway in Columbia County, when their car was struck by a southbound vehicle driven by Kenneth Swartz. At the time of the accident, it was dark and the only illumination was from the headlights of both cars. Swartz died immediately as a result of the collision and both claimants were injured. A blood test revealed that Swartz was intoxicated...

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