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WYNNE v. STATE OF NEW YORK

53 A.D.3d 656 (2008)

863 N.Y.S.2d 222

JAMES F. WYNNE, Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided July 29, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

On October 25, 2002, the claimant was working as a dump truck driver on a project to construct an exit ramp at the Route 17/Route 94 interchange at Exit 126 in the Town of Chester in Orange County. The defendant, State of New York, was the owner of the property. While the claimant's fully-loaded dump truck was stopped on the dirt roadway which was to...

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