Canton Cooperative Fire Insurance v. State

279 A.D. 1135 Court N.Y. App. Div. Decision date 1952-05-14 Docket Claim No. 29462 English

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p. 1135

Canton Cooperative Fire Insurance Company, Appellant, v. State of New York, Respondent.

(Claim No. 29462.)

All concur, except Kimball, J, who dissents and votes for reversal and for granting a new trial on the grounds stated in Brainard v. State of New York (ante, p. 1135) decided herewith. (Appeal from a judgment dismissing a claim against the State for negligent condition of State highway.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.