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LaMENDOLA v. THRUWAY AUTH.

7 Misc.3d 388 (2004)

788 N.Y.S.2d 808

ALICE LaMENDOLA, as Administratrix of the Estate of PAUL LaMENDOLA, SR., Deceased, et al., Claimants, v. NEW YORK STATE THRUWAY AUTHORITY, Defendant. (Claim No. 93132.) GINO P. LaMENDOLA, as Administrator of the Estates of DEBORAH LAMENDOLA and Others, Deceased, et al., Claimants, v. NEW YORK STATE THRUWAY AUTHORITY, Defendant. (Claim No. 93133.)

Court of Claims.

November 1, 2004.

Attorney(s) appearing for the Case

Francis M. Letro for claimants.

Eliot Spitzer, Attorney General (Richard B. Friedfertig of counsel), for defendant.

OPINION OF THE COURT

RENÉE FORGENSI MINARIK, J.

On October 5, 1995, in the Town of Lancaster, Paul LaMendola Sr. lost control of his 1991 Lincoln and slid into an unoccupied dump truck parked on the right shoulder of the westbound side of the New York State Thruway. The crash killed Mr. LaMendola, his wife Deborah, and two of their four children, Nicholas and Chesa. The two youngest children, Lauren and Paul Jr., were injured in the crash, but survived...

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