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LICHTENSTEIN v. STATE OF NEW YORK

93 N.Y.2d 911 (1999)

712 N.E.2d 1218

690 N.Y.S.2d 851

MALKA LICHTENSTEIN, Individually and as Proposed Administratrix of the Estate of ABRAHAM LICHTENSTEIN, Deceased, Appellant, v. STATE OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided May 11, 1999.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac of counsel), and Gersowitz, Libo & Korek, P. C., New York City (Jeff S. Korek and Edward H. Gersowitz of counsel), for appellant.

Eliot Spitzer, Attorney-General, Albany (Marlene O. Tuczinski, Peter H. Schiff and Peter G. Crary of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Decedent sustained fatal injuries after he exited a gas station off State Highway 17, drove into oncoming traffic, and collided head-on with a vehicle traveling in the opposite direction. Claimant brought this negligence action against the State, asserting causes of action for wrongful death, personal injuries, and loss of consortium. She did not...

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