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COTTINGHAM v. STATE OF NY

182 Misc.2d 928 (1999)

701 N.Y.S.2d 290

DAVID J. COTTINGHAM et al., Claimants, v. STATE OF NEW YORK et al., Defendants. (Claim No. 92888.)

Court of Claims.

November 19, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Saul Aronson of counsel), for defendant.

O'Connell & Aronowitz, P. C. (Stephen R. Coffey and Tina Marie Chericoni of counsel), for claimants.

OPINION OF THE COURT

JOHN L. BELL, J.

Claimant David J. Cottingham (hereinafter claimant), upon experiencing operational difficulties with the tractor-trailer that he was driving southbound on Interstate Route 87 in the Town of Ulster, Ulster County, New York, on February 9, 1994, about 10:00 P.M., parked the vehicle on the shoulder of the highway, exited the vehicle and was thereafter struck by defendant's snowplow. Defendant, relying upon McDonald v...

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