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Kabosius v. State

246 A.D. 569 Court N.Y. App. Div. Docket Claim No. 23242 English

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p. 569
Mary Kabosius, Respondent, v. The State of New York, Appellant.
(Claim No. 23242.)

Judgment affirmed, with costs. All concur, except Edgcomb and Lewis, JJ., who dissent and vote for reversal and a dismissal of the complaint upon the ground that the plaintiff was guilty of contributory negligence as matter of law. (The judgment awards damages for injuries sustained by an automobile colliding with a water tank in the roadway.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.