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D'ALESSIO v. STATE

147 A.D.2d 791 (1989)

Tracey D'Alessio, Respondent, v. State of New York, Appellant

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

February 9, 1989

Mikoll, J.

The issue herein is whether a preponderance of the evidence supports the finding by the Court of Claims that the State breached its duty to exercise reasonable care in the maintenance of State Route 212 at its intersection with Fish Creek Road, and whether the breach was a proximate cause of the accident. We hold that it does.

Claimant was injured as a result of a one-vehicle accident occurring...

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