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JACOBELLIS v. NEW YORK STATE THRUWAY AUTHORITY

51 A.D.3d 976 (2008)

858 N.Y.S.2d 786

PATRICIA JACOBELLIS, Appellant, v. NEW YORK STATE THRUWAY AUTHORITY, Respondent.

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

Decided May 27, 2008.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Court of Claims for a new trial, with costs to abide the event.

The claimant's decedent was injured when the driver of the defendant's truck (hereinafter the...

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