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MONTGOMERY v. STATE

206 A.D.2d 737 (1994)

614 N.Y.S.2d 801

Henry Montgomery, Appellant, v. State of New York, Respondent

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

July 21, 1994

Peters, J.

This is an action for personal injuries arising from a one-car accident on State Route 157-A in the Town of Knox, Albany County. In August 1988, the State Department of Transportation (hereinafter DOT) repaved approximately three miles of Route 157-A between Knox Cave Road and State Route 157. During such repaving process, a break in a hose on a piece of machinery resulted in a leak of approximately two gallons of hydraulic fluid on the newly...

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