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Cook v. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Nov 29, 1949
276 App. Div. 806 (N.Y. App. Div. 1949)

Opinion

November 29, 1949.


The court on its own motion amends its decision handed down November 16, 1949 ( ante, p. 795), in conformity with sections 602 and 620 of the Civil Practice Act, in the following respects: Judgments reversed on the law and the facts. The following findings of fact as found by the Court of Claims are reversed: Claim No. 29290, findings of fact Nos. 4, 5, 6, 8, 9, 10, 11 and 12, and claimant's requests Nos. 5, 6, 7, 8 and 10; Claim No. 29291, findings of fact Nos. 5, 6, 7, 9, 10, 11, 12 and 13, and claimant's requests Nos. 6, 7, 8, 9 and 11. Otherwise the findings of the Court of Claims are affirmed. The conclusions of law in each claim are reversed. The following new findings of fact are made in each claim: 1. That a construction joint existed in the concrete pavement parallel with the highway near the place of occurrence of claimants' accident. 2. That a differential in height between the slabs at such joint extended for a distance of thirty feet parallel with such highway, of varying height and width, the maximum differential in height being one and one-half inches and the maximum width of separation being one inch. 3. That such joint was a factor in the occurrence of the accident. Foster, P.J., Deyo, Santry and Bergan, JJ., concur; Heffernan, J., dissents. [See post, p. 877.]


Summaries of

Cook v. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Nov 29, 1949
276 App. Div. 806 (N.Y. App. Div. 1949)
Case details for

Cook v. State of New York

Case Details

Full title:FREDERICK COOK, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No…

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

Date published: Nov 29, 1949

Citations

276 App. Div. 806 (N.Y. App. Div. 1949)