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EVANS v. STATE

520198

130 A.D.3d 1352 (2015)

14 N.Y.S.3d 226

2015 NY Slip Op 06288

MATTHEW EVANS, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 23, 2015.

Claimant, who was a Warren County Deputy Sheriff, was injured on May 16, 2009 while responding to a call at approximately 3:00 a.m. on State Route 8 in the Town of Horicon, Warren County. It is not disputed that it had been raining steadily throughout the evening. Claimant alleged that the roadway washed out, creating a sinkhole that caused...

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