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KLEPANCHUK v. STATE OF N.Y. DEPT. OF TRANSP.

783 CA 20-00216.

189 A.D.3d 2102 (2020)

138 N.Y.S.3d 777

2020 NY Slip Op 07766

Lyubov Klepanchuk et al., Appellants, v. State of New York Department of Transportation, Respondent. (Claim No. 116726.)

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

CELLINO & BARNES, P.C., ROCHESTER ( K. JOHN WRIGHT OF COUNSEL), FOR CLAIMANTS-APPELLANTS.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., NeMoyer, Curran, Troutman and DeJoseph, JJ.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, defendant's motion for summary judgment dismissing claim No. 116726 is denied, that claim is reinstated, and the matter is remitted to the Court of Claims for further proceedings in accordance with the following memorandum: On February 10, 2008, a multivehicle accident occurred during "white-out" conditions on Interstate 390 (I-390) near the Greater Rochester International...

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