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AUER v. STATE OF NY

185 Misc.2d 254 (2000)

712 N.Y.S.2d 768

SARAH E. AUER, as Guardian of MELODY D. AUER and Another, et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 86167.)

Court of Claims.

June 21, 2000.

Attorney(s) appearing for the Case

Ackerman, Wachs & Finton, P. C. and Rosenblum, Ronan, Kessler & Sarachan (Michael W. Kessler of counsel), for claimants. Eliot Spitzer, Attorney General (Risa Viglucci and Belinda A. Wagner of counsel), for defendant.

OPINION OF THE COURT

SUSAN PHILLIPS READ, J.

By a decision filed on November 16, 1998, retired Judge James P. King found the State of New York (defendant or the State) 80% liable for the catastrophic physical injuries sustained by Melody Auer when the automobile in which she was a passenger crashed into a tree on Route 32 in the Town of Saugerties. The other tortfeasor was the car's driver. In a subsequent decision filed on December 30, 1999, Judge King...

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