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BLUM v. STATE

202 A.D.2d 538 (1994)

610 N.Y.S.2d 813

Marc Blum, as Executor of Deborah Blum, Also Known as Deborah K. Blum, Deceased, et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 80413.)

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

March 21, 1994

Ordered that the cross-appeal is dismissed as abandoned; and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the respondent-appellant is awarded one bill of costs.

We find that the Court of Claims properly dismissed the claim on the merits for failure to establish, by a fair preponderance of the evidence, that there was a dangerous condition in the eastbound lane of Route 25 which caused...

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