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NOVKO v. STATE OF NEW YORK

285 A.D.2d 696 (2001)

728 N.Y.S.2d 259

PAUL J. NOVKO et al., Appellants-Respondents, v. STATE OF NEW YORK, Respondent-Appellant. (Claim No. 98710.)

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

Decided July 5, 2001.

Spain, J.

In July 1996, claimant Paul J. Novko (hereinafter claimant), a self-employed dairy farmer, sustained injuries when, stopped at a red light on State Route 23 in the Town of Oneonta, Otsego County, the vehicle he was driving was struck in the rear by a State Trooper's patrol vehicle. Claimant and his spouse, derivatively, commenced this action against the State seeking damages for past and future pain and suffering and loss of earning capacity alleging that...

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