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Haggerty v. State

275 A.D.2d 981 Court N.Y. App. Div. Decision date 1949-06-28 Docket Claim No. 28495 English

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p. 981
James M. Haggerty, as Administrator of the Estate of Robert Haney, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent.
(Claim No. 28495.)

Poster, P. J., Heffernan and Bergan, JJ., concur; Brewster, J., dissents, in the following memorandum, in which Santry, J.,

p. 982
concurs: I dissent upon the grounds: (a) that there was not sufficient evidence to justify a finding of any negligent act or omission on the part of the State which was a proximate cause of the fatal accident of claimant’s intestate, and (b) that the weight of the credible evidence establishes that intestate’s death was caused by his own negligence. [ 193 Misc. 924 .]

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