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O'CONNOR v. STATE

70 N.Y.2d 914 (1987)

Anna M. O'Connor, as Executrix of David W. O'Connor, Deceased, Respondent, v. State of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 23, 1987.

Attorney(s) appearing for the Case

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

Michael J. Cunningham and John T. DeGraff, Jr., for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

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

Claimant's decedent was crossing a street on the State Office Building Campus in Albany in a marked pedestrian crosswalk when he was struck and killed by a bicyclist involved in a time trial. Claimant sued the cyclist and others involved in the time trial in Supreme Court, where damages were assessed at $980,000 and comparative negligence...

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