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GOREA, JR. v. STATE OF NEW YORK

286 A.D.2d 951 (2001)

730 N.Y.S.2d 624

JOSEPH N. GOREA, JR., Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 84818.)

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

Decided September 28, 2001.

Order unanimously reversed on the law without costs, motion granted and claim dismissed.

Memorandum:

The Court of Claims erred in denying defendant's motion for summary judgment dismissing the claim. Claimant commenced this action to recover for injuries he allegedly sustained when a vehicle driven by Evan M. Glover, an employee of defendant, pulled in front of his tractor-trailer while he was exiting the New York State

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