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DAHL v. STATE OF NY

13 Misc.3d 590 (2006)

820 N.Y.S.2d 729

WILLIAM DAHL et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 108480.)

Court of Claims.

June 30, 2006.

Attorney(s) appearing for the Case

Bornstein & Emanuel, P.C. (Anthony J. Emanuel of counsel), for claimants.

Eliot Spitzer, Attorney General (John M. Shields of counsel), for defendant.

OPINION OF THE COURT

MELVIN L. SCHWEITZER, J.

These claims arise from a July 30, 2002 accident in which William Dahl and his seven-year-old daughter, Alexandra Dahl, were struck by a motorcycle that had been proceeding northbound on the Wantagh State Parkway (WSP) while they were riding bicycles on a bicycle path adjacent to the parkway. The gravamen of the claims is that the accident was the result of negligence...

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