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ELEC. & GAS CORP. v. NY STATE

194 Misc.2d 356 (2002)

755 N.Y.S.2d 789

NEW YORK STATE ELECTRIC & GAS CORPORATION, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 104042.)

Court of Claims.

December 5, 2002.

Attorney(s) appearing for the Case

Coughlin & Gerhart, LLP (Keith A. O'Hara of counsel), for claimant.

Eliot Spitzer, Attorney General (J. Gardner Ryan of counsel), for defendant.

OPINION OF THE COURT

STEPHEN J. MIGNANO, J.

The facts of this case are not in dispute. On August 2, 2000, Thomas Florio, a then 14-year employee of the New York State Department of Transportation, was mowing grass at the intersection of Route 343 and Leedsville Road in the Town of Amenia, Dutchess County. At his examination before trial, Mr. Florio testified that he was operating a John Deere tractor equipped...

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