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ETHER v. STATE

235 A.D.2d 685 (1997)

651 N.Y.S.2d 752

Stephen D. Ether, Appellant, v. State of New York, Respondent. (Claim No. 1.) Donald L. Moore et al., Appellants, v. State of New York, Respondent. (Claim No. 2.)

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

January 9, 1997

Mercure, J.

These claims arise out of a June 27, 1986 automobile accident that took place near the intersection of US Route 9 and Philo Road in the Town of Stockport, Columbia County. Between 9:00 P.M. and 9:30 P.M. on a dark rainy evening, a southbound automobile driven by claimant Stephen D. Ether failed to negotiate a right-hand curve on Route 9 and instead drove straight, off Route 9 and down Philo Road, which intersected at a shallow angle from the...

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