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HUTLEY v. THRUWAY AUTH.

139 Misc.2d 868 (1988)

Frederick Hutley, Claimant, v. New York State Thruway Authority, Defendant. (Claim No. 70490.) Perdue, Inc., Claimant, v. New York State Thruway Authority, Defendant. (Claim No. 72388.)

Court of Claims.

May 11, 1988

Attorney(s) appearing for the Case

Rolnick & Wissner and Leonard L. Finz, P. C. (Leonard L. Finz and Jerrold S. Parker of counsel), for Frederick Hutley, claimant. Leonard L. Finz, P. C. (Leonard L. Finz and Jerrold S. Parker of counsel), for Perdue, Inc., claimant. Robert Abrams, Attorney-General (William T. McCue of counsel), for defendant.

GERARD M. WEISBERG, J.

In the early hours of February 29, 1984, Frederick Hutley, driving a tractor trailer full of Perdue chickens, ran into a 3-foot by 2-foot by 8-inch deep pothole in the center lane of the New England Thruway in The Bronx, New York. As a result, he lost control of the vehicle which ran across the right lane and shoulder, crashed through the corner of the parapet protecting the overpass...

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