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CHARBONNEAU v. STATE

178 A.D.2d 815 (1991)

Patricia Charbonneau, as Administratrix of The Estate of Roland Charbonneau, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 75681.) (Claim No. 1) Janet Dalton, as Administratrix of The Estate of Jackson C. Dalton, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 75682.) (Claim No. 2.)

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

December 26, 1991

Crew III, J.

On April 5, 1987 the New York State Thruway Authority Bridge over the Schoharie Creek in Montgomery County collapsed, causing the death of Roland Charbonneau and Jackson C. Dalton. As a result, claimants commenced the above claims against the State for wrongful death. The claims were filed with the Clerk of the Court of Claims and were served upon the Attorney-General by regular mail. The State answered, asserting the defense of lack of jurisdiction...

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