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MOTTAU v. STATE OF NY

174 Misc.2d 884 (1997)

666 N.Y.S.2d 878

Gary Mottau, Claimant, v. State of New York, Defendant. (Claim No. 87991.)

Court of Claims.

October 10, 1997

Attorney(s) appearing for the Case

Bendall & Mednick (James W. Bendall of counsel), for claimant. Dennis C. Vacco, Attorney-General (Ed J. Thompson of counsel), for defendant.

THOMAS J. McNAMARA, J.

The claim arises from an incident on October 10, 1991 in which claimant was struck by a car on Oriskany Street in the City of Utica. Claimant was in Utica to voluntarily receive treatment at the McPike Alcohol Treatment Center. Early on the day of the accident, he left the treatment center and bought a bottle of vodka. After drinking a substantial portion of the vodka, he returned to...

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