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CIPRIANO v. STATE OF NEW YORK

171 A.D.2d 169 (1991)

Joi Cipriano, Respondent, v. State of New York, Defendant, and New York State Thruway Authority, Appellant. (Claim No. 73834.)

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

October 17, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Vernon Stuart and Peter J. Dooley of counsel), for appellant.

Levine & Grossman (Michael B. Grossman of counsel), for respondent.

WEISS, J. P., YESAWICH, JR., LEVINE and CREW III, JJ., concur.

MIKOLL, J.

It was disclosed at trial that claimant was injured when the automobile in which she was a front-seat passenger went off the northbound lane of the Thruway at milepost marker 99.9 in the Town of Saugerties, Ulster County. Because the driver fell asleep at the wheel and claimant, along with the other passengers in the car, were also asleep, no eyewitnesses to the accident were available. The accident...

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