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SMITH v. STATE OF NY

191 Misc.2d 553 (2002)

742 N.Y.S.2d 792

SARAH SMITH, Individually and as Limited Administrator for the Estate of WILBUR L. SMITH, JR., Deceased, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 99852.)

Court of Claims.

April 24, 2002.

Attorney(s) appearing for the Case

Kossover Law Offices, LLP (Andrew Kossover of counsel), for claimant.

Eliot Spitzer, Attorney General (Frederick H. McGown, III, of counsel), for defendant.

OPINION OF THE COURT

RICHARD E. SISE, J.

Claimant, Sarah Smith, as limited administratrix of her late husband Wilbur L. Smith's estate, seeks damages for his wrongful death which allegedly occurred when, as he drove his automobile along a New York State highway, he left the lane of travel colliding with a guide rail, causing his automobile to flip over and land on its roof, resulting in claimant's decedent's instant death. The claim alleges negligence on...

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